•  •  Dark Mode

Your Interests & Preferences

I am a...

law firm lawyer
in-house company lawyer
litigation lawyer
law student
aspiring student
other

Website Look & Feel

 •  •  Dark Mode
Blog Layout

Save preferences
An estimated 12-minute read
 Email  Facebook  Tweet  Linked-in

Welcome to the 6th Indian Vis Pre-Moot and the ICC YAF Conference 2016 at National Law University Delhi! Follow India's premier arbitration event of the season with us, live from the University! This year, National Law University Delhi is proud to partner with the International Chambers of Commerce International Court of Arbitration in Paris to bring this event to you! You can also follow us through our Facebook page, as well as our Twitter handle. We hope that this liveblog keeps you entertained and informed throughout! Preferably in that order.

This year's edition will host twenty five teams from across the world, as they arrive at New Delhi in hopes of mooting glory. We have teams joining in from Australia in our exclusive E-Moot round, being the first and only law school in India to offer this. There are arguments to be made, judges to be impressed, and "friendships" to be fostered in these upcoming action-packed days! 

The Willem C. Vis International Commercial Arbitration Moot is one of the most prestigious moot court competitions in the world. Each year, over 300 teams take part in the moot in Vienna and Hong Kong. The object of the moot is to cultivate study regarding international commercial and arbitration laws. As there are no qualfiying rounds for the moot, the Indian Vis Pre-Moot is a platform for teams to hone their skills before the international rounds.


FEBRUARY 25: ICC YOUNG ARBITRATORS' FORUM CONFERENCE

b2ap3_thumbnail_iccYAFRight.png

The extended arbitration weekend kicks off with the ICC YAF Conference on Allocation of Costs in International Commercial Arbitration. You can view the details of the programme here. Stay tuned for more updates! 

15:30And we are underway! For the inauguration we have Justice SS Nijjar and Mr. Abhinav Bhushan, Director (South Asia), ICC ICA, along with our very own  Prof. Dr. GS Bajpai, Registrar, NLU Delhi.

15:24: Prof. Dr. GS Bajpai highlights the importance of mooting for fostering legal acumen, stressing on NLU Delhi's recent historic acheivements, including winning the 2014 ICC Trial Moot in the Hague and the 23rd Manfred Lachs International Space Law Moot in Toronto. Meanwhile, our recent Jessup records remain inconspicuous. Hmm.

15:50Justice SS Nijjar delivers a well reasoned speech as to why alternative dispute resolution is ingrained in the historical Indian narrative - including quoting the Mahabharata. OK then.

16:05: Our panelists, including Mr. Ganesh Chandru (Head, International Arbitration, Lakshmiumaran & Sirdharan), Mr. Abhinav Bhushan (Director, ICC South Asia), Ms. Kritika Venugopal (Associate, Herbert Smith Freehills, Singapore) and Mr. Sonal Kumar Singh (Partner, AK Singh & Co) discuss the international regime of allocation of costs in international arbitration.

17:00Despite Mr. Chandru's remarks regarding the enthusiastic response from students of NLUD, we are able to conclude on time. Thanks for tuning in! See you when the prelims start.


FEBRUARY 27: PRELIMINARY ROUND ONE (0930)

9:30: NUJS Kolkata (Vis Vienna) v University of Deakin - And it begins! Claimant Senu Nazir tries to attempt an argument, but her efforts are quickly foiled by Arbitrators Sneha Jain and Abhishek Swaroop. It is downhill from there, as any attempts to dampen the damage are unsuccessful. Ouch. 

9:45: JGLS Sonepat (Vis Vienna) v NLU Delhi (Vis East) - No good news from here as well. Arbitrator Preethi Sukthanker is not taking anything for granted, and the Claimant speaker is left "higgledy-piggledy", as is reported to us. Sahi hai.

9:45: Delhi University v NLS Bangalore (Vis East) -  Claimants aren't really allowed smooth sailing, as their arguments on disgorgement are shattered by Arbitrators Harshad Pathak and Puneeth Nagaraj. However, Respondent is convincingly able to shift the burden of proof and shirk responsibility. 

10:00: Nalsar University of Law (Vis Vienna) v SLS Pune (Vis East) - Arbitrators Mihir Naniwadekar and Amit Mishra quickly point out the flaw in Respondent's argument as lex specialis laws supersede general principles. Back to the basics, eh?

10:20: NUJS Kolkata (Vis East) v RGNUL Patiala (Vis East) - In a refreshing change, Respondent Aditya Arora is able to hold his own against Arbitrators Aditya Singha and Praveen Nagar. To our untrained eyes, the speaker has convincingly managed to portray his arguments. Surprise, surprise.

10:40: Amity University (Vis East) v NLU Jodhpur (Vis Vienna) - "If you argue right, you're never wrong but wait, r they doing that". I need to have a word with these liveblogging first years. Our own inefficiencies aside, Arbitrators Shiva Santosh Kumar and Divyanshu Bhatt are having a field day, as they are enjoying a healthy 'debate' with the teams.

11:00: SLS Pune (Vis Vienna) v Amity University (Vis Vienna) - It's the same story for both teams. Calm, confident beginnings. A slow, but gradual loss of momentum. Hushed whispers and solemn nods. Arbitrators Aritra Roy and Pranshu Paul did take the teams for a ride! 

PRELIMINARY ROUND TWO (1130)

11:30: Nalsar University of Law (Vis Vienna) v NUJS Kolkata (Vis East) - With the judge's incessant grilling, Claimant Prachi Aggarwal's time management plans seems to have been all for naught. With a last admirable burst of strength, the battleworn claimant summed up the arguments on a strong note. However, Respondent Pratik Ranjan Das, with his steady and confident tone seems to have been spared by the judges. Lucky him.

12:10: NLU Delhi (Vis East) v ILS Pune (Vis Vienna) - Claimant proceeds confidently. Studchit indeed. However, Arbitrators Sonal Kumar Singh and Mihir Naniwadekar's incessant and incisive questioning does reveal that the Claimants do not have a judicial precedent for a particular argument. 

12:20: GNLU Gandhinagar (Vis East) v SLS Noida - Grasping at straws, Claimant attempts to draw imputations to the moral character and temperament of the Respondent's client. Needless to say it does not end well.

12:45: GNLU Gandhinagar (Vis Vienna) v NLU Delhi (Vis Vienna) - Arbitrator Dhruv Berry is in form, barraging the Claimants with one question after the other. He questions the Claimants for using words like 'forseeable', 'assume' and 'customary practices'.  

12:55: NLU Jodhpur (Vis East) v NLIU Bhopal (Vis East) -  Arbitrator Rocío Pérez picks on from where Dhruv Berry metaphorically left off - questioning speakers on the use of precise language. For some reason, teams seem unable to respond, and counter with wild hypotheticals. Well.

13:20: RGNUL Patiala (Vis East) v Deakin University, Australia - Claimant Jaiwant Patankar strides forward confidently, with minimum intrusion from the bench. His efforts to reconcile his previous submissions with brevity receive a "well done, sir" from our bloggers.

PRELIMINARY ROUND THREE (1430)

14:30: NLIU Bhopal (Vis East) v Amity Law School (Vis East) - Respondents are trying to make their res judicata argument - however, Arbitrator Mihir Naniwadekar proves to be more than a handful. Frantic cover ups, and several stutters later, stability beckons.

15:30: NUJS Kolkata (Vis East) v NLU Jodhpur (Vis East) - After Claimant Vinayak Chawla's exhausting argument, Arbitrators Akshay Shreedhar and Rishabh Chopra turn to Respondent Shourya Bari, who is unable to match Mr. Chawla's steady flow. His anxiety lessens as he starts getting on his feet and confidently manages the surrebuttals.

15:45: GLC Mumbai (Vis Vienna) (ex parte) - In a surprising development, Dr. Risham Garg is on a roll. Extremely critical and highly incisive, Dr. Garg's international arbitration experience is evident in the depth of his questioning and feedback. And Ashta is a warm and caring fellow.

16:00: ILS Pune (Vis Vienna) v Amity Law School (Vis Vienna) - Respondents are facing the brunt of the judges' displeasure at the moment. And we have our first 'the counsel pleads ignorance' moment. Better late than never. Oh wait. Anyway, there is some damage control by the second speaker, and the ship is steadied for the moment.

16:15: SLS Noida v SLS Pune (Vis Vienna) - Crash and burn. Arbitrator Shiva Santosh Kumar is clearly well equipped with the problem, and has no qualms meticulously scrutinizing every word of the speakers. We're guessing that the earlier preliminaries helped. Or not.

PRELIMINARY ROUND FOUR (1730)

17:50: Nalsar University of Law (Vis East) v GNLU Gandhinagar (Vis Vienna) - Claimant aggressively argues on facts and their interpretation. She insists that legal costs are damages, be it in court or arbitration. Despite the arbitrator's attempts to make her change her position, but wise to his wily, she sticks to her position. The arbitrators are now barely repressing yawns.

18:00: NLIU Bhopal (Vis East) v NLU Delhi (Vis East) - Despite Claimant's Article 74 argument, Arbitrator Rocío Pérez seems unsatisfied and insists that Article 6 doesn't allow the inclusion of attorney fee in calculation. Downwards from there.

18:05: NUJS Kolkata (Vis Vienna) v NLU Jodhpur (Vis East) - Despite incessant questioning, Claimant Senu Nazir proceeds with "admirable confidence". However, she loses out on vital time required to address her issues. You win some, you lose some, eh?

18:10: Amity Law School (Vis Vienna) v Delhi University - And Arbitrator Shiva Santosh Kumar is back. Ruthless in questioning and incisive in logic, his subtle enquiries are making dents in many an argument.  

18:15: SLS Pune (Vis Vienna) v RGNUL Patiala (Vis East) - Arbitrators Martin Bongartz and Linesh Lalwani seem to be taking it easy - the ambiguities in the contract seem to make them amenable to the arguments made. All's well that ends well, I guess.

And the teams qualifying for the quarter-finals are (in order of their breaks):

1) NLS Bangalore (Vis East)

2) NLU Delhi (Vis Vienna)

3) NLU Delhi (Vis East)

4) NLS Bangalore (Vis Vienna)

5) NUJS Kolkata (Vis East)

6) NUJS Kolkata (Vis Vienna)

7) NLU Jodhpur (Vis Vienna)

8) Nalsar University of Law (Vis East)


FEBRUARY 28: QUARTER FINALS (0930)

10:00NLU Jodhpur (Vis Vienna) v NLU Delhi (Vis Vienna) Respondent Rohan Bhatia seems to have taken the round by storm! Confident, polite and concise, his deadpan accuracy of answering has left the arbitrators impressed. Claimant Rahul Datta is equally impressive, deftly handling the intricate questions posed by the tribunal. At this stage, both sides seem evenly matched.

10:15: NUJS Kolkata (Vis Vienna) v NLU Delhi (Vis East) - After Claimant Pratik Ranjan Das's good start, Respondent Aadya Chawla seems to have just edged out what seemed to be an even fixture, with her impressive manner and perceptibly satisfactory responses.

10:45: NUJS Kolkata (Vis East) v NLS Bangalore (Vis Vienna) -  Claimant Amrit Mahal is aggressively questioned by Arbitrators Jayant Mehta and Harshad Pathak regarding the authority supporting her claim. Respondent Aditya Mehta begins with great flair, but barely hangs out in face of excessive questioning on facts. Another close round, this one.

The teams qualifying for the semis are:

1) NUJS Kolkata (Vis East)

2) NLU Delhi (Vis East)

3) Nalsar University of Law (Vis East)

4) NLU Delhi (Vis Vienna)

SEMI FINALS (1230)

12:30: NLU Delhi (Vis Vienna) v NUJS Kolkata (Vis East) - Claimant Aaditya Gambhir is incredibly persuasive, confidently handling the clarifications sought by Arbitrator Rocío Pérez regarding the CISG's principle of equality. Arbitrators Ritin Rai and Kunal Vajani seem convinced for the moment.

12:40: NLU Delhi (Vis East) v Nalsar University of Law (Vis East) - Claimant Sanchit Saluja maintains certitude in his submissions despite questioning by the tribunal, exuding confidence and having impeccable manner. Good beginning for NLU Delhi East.

12:45: NLU Delhi (Vis Vienna) v NUJS Kolkata (Vis East) - Respondent Vinayak Chawla's arguments are questioned by Arbitrator Ritin Rai, who points out the Claimant's stance to undermine Respondent's case. Respondent is utilising the facts intelligently, and seems clear with his logic. However, he seems anxious and lacks polish.

12:55: NLU Delhi (Vis East) v Nalsar University of Law (Vis East) - Respondent Agranee Kapoor begins with great poise and confidence, but is assaulted by questions from Arbitrator Abhinav Bhushan and Tejas Karia. Resultantly, her nervousness is palpable and quite evident by her shaken demeanor.

13:15: NLU Delhi (Vis Vienna) v NUJS Kolkata (Vis East) - Claimant Rohan Bhatia calmly addresses the tribunal, with appropriate factual charecterization of the dispute. His answers are concise and well delivered, and Arbitrator Ritin Rai seems quite content.

13:20: NLU Delhi (Vis East) v Nalsar University of Law (Vis East) - Claimant Aadya Chawla's impeccable poise is under a relentless barrage of questions by a very active tribunal. However, undaunted, she proceeds confidently, with an air of conviction. Very well handled.

13:30NLU Delhi (Vis Vienna) v NUJS Kolkata (Vis East) - Despite an impressive exhibition of knowledge of the relevant travaux, Respondent Amrit Mahal seems slightly agitated. Nevertheless, her enunciation is well restrained, and well received by the tribunal.

13:35NLU Delhi (Vis East) v Nalsar University of Law (Vis East) - In face of numerous hypothetical situations, Respondent Bhavni Singh is able to keep her composure and offer solutions that are logically consistent and immensely persuasive to the arbitrators. Both procedural speakers have addressed the tribunal exceedingly well. Too close to call.

The teams qualifying for the finals are:

1) NLU Delhi (Vis East)

2) NLU Delhi (Vis Vienna)

FINALS - NLU Delhi (Vis Vienna) v NLU Delhi (Vis East) (1530)

15:55: Claimant Aaditya Gambhir attempts at a structured argument are dispelled by Arbitrator BN Srikrishna, who immediately asks him to move to Article 74 and its mandates. Arbitrator BN Srikrishna's clarifications are frequent and relevant, and Claimant's actions are repeatedly questioned.

16:09Despite the intensity and frequency of questioning, Aaditya Gambhir maintains his composure. However, listeners can note a change in his tone while answering questions - all is not entirely well. Moving on, the tribunal seems unsatisfied with Claimant's argument for legal costs as damages. After frequent clarifications, Claimant seems to have regained his poise, and has satisfied the tribunal sufficiently.

16:22Respondent Sanchit Saluja begins by stating how the CISG underlines a general principle of equality, and thus, points towards Advisory Opinion Six. Arbitrator Tejas Karia's questions are replied to hastily by Respondent. Coming to the inclusion of legal costs in losses, Respondent paces himself and argues intelligently using facts for strategic benefit.

16:31: Arbitrator Srikrishna seems more restrained. Oh wait. Despite another flurry of questions, Respondent seems reasonably composed. Most of the tribunal's enquiries are regarding the factual circumstances of the case - enquiries the Respondent seems relieved to address.

16:53Claimant Rohan Bhatia proceeds with distinguishing between discovery and production of documents, and relies on BNP Paribas to supplement his stance. The tribunal seems satisfied with Claimant's stance - however, the true test lies in interpreting the intent of the parties regarding the contractual clause.

17:01Claimant's subsequent arguments seem to be smooth, with only intermittent interruptions by the tribunal. Subsequently, the tribunal seems to be in a jovial mood, and after numerous clarifications, is clear with the arguments of the Claimant.

17:12Respondent Aadya Chawla outlines the roadmap of her argument, and calmly commences. She highlights the background of her client, and how his understanding of production of documents is shaped by the limited production allowed in his jurisdiction.

17:23The tribunal seems oddly inactive during Respondent's submissions. Nevertheless, there are questions, and they are perceptibly well answered. A few jokes here and there, and we arrive at the end.

The winner of the 6th Indian Vis Pre-Moot is NLU Delhi (Vis East). The Best Oralist is awarded to Siddharth Aatreya (NLS Bangalore).

Click to show 3 comments
at your own risk
(alt+c)
By reading the comments you agree that they are the (often anonymous) personal views and opinions of readers, which may be biased and unreliable, and for which Legally India therefore has no liability. If you believe a comment is inappropriate, please click 'Report to LI' below the comment and we will review it as soon as practicable.

Latest comments