• Live updates - 7th NLUO IMAM 2020

8th NLUO - Bose & Mitra & Co. International Maritime Arbitration Moot 2021- Live Updates

The National Law University Odisha welcomes you to the Virtual Oral Rounds of 8th Bose & Mitra & Co. International Maritime Arbitration Moot (IMAM) 2021, organised in association with the Institute of International Shipping and Trade Law, Swansea University, United Kingdom.

The moot is soon to begin and we are here to keep you updated on exactly what is going on! You can also follow us on Instagram, Twitter and Facebook for more insights. Wishing the best to all the participating teams!


DAY-1 | 8th April 2021

PRELIMINARY ROUNDS

SESSION-1

VCR-1: 820 vs 806

14:03 Claimant Speaker 1 starts confidently but is immediately interrupted by the judge and is questioned upon a jurisdiction issue. She pauses and stumbles through her answer.

14:10 The judges don’t seem to be satisfied with most of the Speaker’s answers and allege she’s trying to avoid answering their questions.

14:20 It looks like the time for Speaker 1 is up! The judges have a grand time grilling the speaker as is evident from the grins on their faces.

14:26 Speaker 2 is much more confident in her submissions and blazes through the repeated questions asked by the judges. She is asking for clarifications wherever she is unable to understand the question correctly and is being provided with the same. At one point, a judge asks her about ‘super cargo’ – a term she has never heard before.

14:35 Speaker 2 realizes her time has run out and starts running through her last submission. She then asks for an extension which she receives, thankfully. The judges ask her one last clarification which leads to another series of questions. She answers all of them quite clearly and finally reads her prayer.

14:54 Speaker 1 for the Respondents has made a big blunder it seems by questioning the survey report as the judges burst out laughing. She immediately asks permission to proceed with her arguments but looks like the damage is done.

14:55 The judges keep questioning Speaker 1 who answers each question with much vigour. She commits a faux pas by calling the case study a moot proposition. The judges are quick to rid her of that presumption and let her know that this is an arbitration and hence, moot proposition’ is not the correct term.

15:06 Speaker 2 for the respondents starts with her arguments and is soon bludgeoned with questions from all the judges. She bravely faces them all but there is no rest for her.

15:19 The judges don’t seem convinced with one of Speaker 2’s arguments and soon grow frustrated with her answer. Their frustration reaches peak point when it seems that Speaker 2 is contradicting her submissions.

15:25 Speaker 2 is almost done with her first submission and asks for any last clarifications. The judges ask her a few questions and then allow her to proceed to the next issue.

15:33 Speaker 2 quickly wraps up her 2nd issue realizing that she has less time. The Rebuttals now begin!

15:35 The Claimants have a lot of points to counter and Speaker 1 for the Claimants takes the floor. The judges seem very satisfied with her points and nod along to her points, much to her delight!

15:38 The rebuttals are now over. Speaker 1 for the Respondents takes the floor and tries to sur-rebut every point raised by the Claimants. The judges seem a little perplexed trying to figure out what exactly the Speaker is aiming at.

VCR-2: 826 vs 816

13:29 The Respondent Speakers 1 and 2 appear clueless with the first session about to begin. However, the Claimants are relaxed and all set to go, as it seems.

13:36 The rounds have begun with the Claimant Speaker 1 taking the podium. The enthusiasm is clearly visible as Speaker 1 proceeds with his arguments by outlining the roadmap for his issue.

13:43 The Claimant Speaker 1 has been caught off guard with one of the judges questioning the use of Sulaamerica case as a precedent when the ratio has already been overruled in that particular context.

13:48 As one of the judges continues grilling in the context of the limitation period being over, Speaker 1 seems to have become restless in justifying the claim for his party. He swiftly evades the question by stating that his co-counsel shall justify the same

13:52 He concludes his issue by alleging that the Respondents have deprived Claimants of its right in this particular issue.

13:52 Speaker 2 for Claimant has taken the floor. She begins her case by establishing that her role would be confined to justifying to the Tribunal how Hague rules for compensation are applicable in the given context.

14:07 She begins her final issue with arguing that Respondents are liable for breach of contract and conversion.

14:11 The speaker 2 concludes her issues by requesting the Tribunal to rely on conventions to provide compensation to their client and justifies why compound interest should be calculated.

14:23 The Respondent Speaker 2 has taken the floor.

14:30 He seems to be confused between “submission” and “interpretation” as he goes on to interchangeably use them while arguing for his case.

14:41 Claimant Speaker 1 seeks permission from the Tribunal for rebuttal. He proceeds by categorically attacking every argument made by the Respondents.

14:45 Respondents Speaker 2 has taken the floor to give the Sur-Rebuttal. Surprisingly, he begins by conceding to the Claimants on one issue, however, puts the incumbent obligation on the Claimants to bear the burden.

VCR-3: 807 vs 817

14:10 Speaker 1 of Claimant starts her argumentation.

14:19 Counsel argues that Hague Visby Rules will be applicable to determine the liability of the deterioration of the goods.

14:22 Judges ask if they are challenging the quality of the goods as it is not the act of the respondent but the act of the suppliers.

14:23 Counsel could not answer it up to the satisfaction of the judge.

14:24 Speaker 2 has taken the floor and starts her argumentation.

14:25 She seems confident and prepared.

14:30 Counsel argues that they have an insurable interest.

14:33 The judge asks the counsel to refer to the bills of lading and read out the definition of ‘Consignee’.

14:38 Counsel sum-up all her issues well with the time limit.

14:40 Speaker 1 of Respondent begins her argumentation. She seems calm and composed.

14:51 Judge grills the counsel on the issue of goods as security by saying that your entire argument is based on the assumption.

14:52 The counsel tries to justify her argument and with the permission of the tribunal proceed to the remaining submissions

14:53 Speaker 1 of the Respondent yields the floor and asks the co-counsel to complete the remaining arguments.

14:55 Speaker 2 begins his arguments. He seems prepared.

14:56 He submits his contention by referring to cases and authorities.

15:02 The judge asks the counsel to counter the claimant’s argument of they being a party to the contract by way of consideration.

15:03 Counsel could not understand the question first due to the breaks in voice but later on he answered that the claimant has already been indemnified. Judges seem to be satisfied with the answer.

15:11 Claimant begins with rebuttals on the points raised by the Respondents.

15:15 Respondents by giving sur-rebuttals try to make their case again.

15:18 Rounds of session 1 end here on a good note.

VCR-4: 808 vs 814

13:51 The Claimant Procedural speaker takes the floor.

13:51 The Tribunal seems to be receptive and they ask her to proceed with her submissions.

13:53 The first Speaker of the round starts by giving a brief background of the case. She explains the facts in a crisp and concise manner.

13:55 The first issue she addresses is a jurisdictional one, the speaker quickly guides the Tribunal on the applicable law and arbitration rules in the present arbitration

14:02 The speaker in her submissions used a case law by Privy Council which caught one of the Judges’ attention. He asked the most obvious but tricky question – “How is the opinion by the Privy Council binding on us?”

14:19 The merits speaker swiftly moves ahead with his submissions without having faced any grilling or a lot of follow up questions by the judges so far.

14:22 The speaker has managed to make quite a convincing case for their clients. He wanted to conclude his submissions with the prayer for relief, but in the interest of time, judges asked him to conclude.

14:24 The respondent procedural speaker takes the floor.

14:26 As soon as he started with his first submission, he was interrupted by the judge and he asked a fundamental question on jurisdictional issues.

14:37 Respondent merits the speaker take the floor.

14:49 The speaker’s flow has been interrupted by one of the judges on a question based on facts of the contract. Thinking he answered the question, the speaker tries to move forward with his submissions, but the judge is not satisfied with the answer.

14:50 Luckily enough, without inviting further questions the speaker managed to conclude his submissions on time along with the prayer.

14:51 It’s rebuttal time! The Claimant speaker takes a dig at respondents by mentioning how she has a lot of concerns in Issue 2.

14:52 The respondents in their best attempt to sur rebut the n number of concerns made quite a structured case considering the limited amount of time.

VCR-5: 818 vs 804

13:30 The Judges begin by asking the respondents whether they are challenging the jurisdiction of the Tribunal. He seems perplexed by this question and it is clear that he did not expect this.

13:53 Looks like Speaker 1 is paranoid given there are no questions from the arbitrators. He pauses his submissions and invites questions from them.

13:56 The judges seem satisfied with the submissions of the first speaker of the Respondents. The Judges now ask the Speaker 1 from the Claimants to present his arguments for his side.

14:04 The speaker swiftly goes on with his submissions. The arbitrator questions the right of the claimants to sue and asks for an authority to substantiate the same. But, the authority cited by the speaker 1 turns out to be a case of 1912, which doesn’t satisfy the judges given how old the case is.

14:10 The Speaker strives to satisfy the concern of the arbitrator by every authority and explanation up his sleeve. However, the judge still seems dissatisfied and given the paucity of the time, he asks the Speaker to wrap his submissions.

14:16 Speaker 1 of the Claimants now concludes his submission and passes the baton to the Speaker 2.

14:26 A question from the arbitrators pauses the flow of his submissions. He does not seem to be thrown away even for a minute.

14:35 While the time is up for the Speaker, the questions seem never ending. The Speaker very wisely, through the answers, tries to divert the judges to his argument and finally concludes with the Prayer.

14:40 Respondent Speaker 2 presents his submissions.

14:48 The Speaker 2 goes uninterrupted till the end of his submissions, when finally, the judge asks a question regarding whether the authorities cited are binding on the Court or not. Well, he answers, but his answers don’t seem to address the concern raised by the judge.

14:54 It’s now the time for Rebuttals! The speaker 1 from the claimants takes the floor.

VCR-6: 821 vs 824

13:34 Since the Respondents seek to challenge the appointment of arbitrators, the Tribunal has asked them to begin first. The first speaker has conveniently referred to the 3 member Bench (unsuccessfully) to make her point.

13:40 The speaker seemed confused between lex arbitri and lex contractus or the governing law. This confusion was reflected in her arguments, with the judges using this as an opportunity to grill her on the seat-venue issue, leading to a plethora of follow ups.

13:49 The speaker tries to emphasise and reiterate her points on the insurance policy. However, no one except the speaker seems convinced on the argument being made.

13:55 The Tribunal decides to give the floor to the Claimant speaker in order to respond to the contentions of the first Respondent speaker.

14:01 The Claimant Speaker quotes the ratio of several cases to make his argument on the venue and lex arbitri issue. He seems confident in his submissions and answers the questions patiently. The judges seem convinced.

14:07 There is some back and forth on the argument of lex arbitri vs institutional rules. The Speaker resorts to using in arguendo arguments to make his point.

14:20 After an extended question-answer session with the first speaker, the second speaker for the Claimant finally began his submissions.

14:22 The speaker was asked about the burden in contra proferentem. His answer seemed unsatisfactory, as all three members of the Tribunal stepped in to provide the correct legal position for the sake of clarity.

14:28 The Speaker continues to be grilled on his argument on the negligence of the Respondents and concomitant obligations on the Claimant’s part. He jumps between facts and arguments but only invites more questions.

14:40 The extension doesn’t seem to aid the speaker in completing his submissions: with every answer, he invites another follow-up and seems to get caught in the Tribunal’s web of questions.

14:44 The Respondent speaker begins.

15:05 On being asked several questions she doesn’t give up and continues to argue, instead of conceding till she is finally asked to move to the final submission

15:15 The Rebuttal and sur-rebuttal does not invite any questions.

VCR-7: 822 vs 819

13:45 Speaker 1 from the Claimant side has zealously started presenting her side.

13:48 The judges look a little agitated owing to the constant disruptions considering that their question was not audible to the speaker.

13:53 Despite the rocky start, it seems that Speaker 1 is catching up, beating all the nervousness engulfing her and is citing authorities and substantiating her arguments.

14:00 The judges have started unleashing their questions on the speaker asking her whether she has the “Bill of Lading” or not to which the Speaker is trying her best to cater to the technicalities of the question.

14:06 The second speaker has taken the floor and is vehemently putting forth her claims citing the Hague Rules and requesting the arbitrators to take note of the same and arguing on the point of due diligence which was supposed to be exercised by the respondent.

14:19 The arbitrators are all set to grill the speaker by throwing more questions on the condition of the cargo countering the authority cited by the speaker and subsequently asking for any other credible authority.

14:23 Though the speaker tried to move ahead with another authority, the arbitrators are not satisfied with the same.

14.29 The Respondents have started presenting their side.

14.37 One of the arbitrators looks dissatisfied with the argument of evading liability and is countering the same on the basis of Hague Rules.

14.41 The speaker has moved on with her other arguments claiming the question put forth by the Arbitrator would be covered by her co-speaker. She is however charged with another question on pre payment of freight charges as argued by the respondent. The arbitrator looks satisfied with the answer of the Speaker and grants her the permission to move on.

14.42 The baton has been passed to the co-speaker of the Respondent and has started presenting his arguments citing authorities from various jurisdictions.

14.50 The speaker is yet again countered by the Arbitrators on an authority cited by the Respondents. The speaker and one of the arbitrators seem to be stuck in a loop over the point of applicability of Hague Rules.

15:02 Speaker 2 has pleaded to rest his case and is now submitting his prayer before the Arbitrators but the arbitrator has pointed out that the respondents are not challenging the “quantification of the damages”. The speaker begs pardon for the error in the prayer to which he is mocked at by one of the arbitrators.

15:07 The rebuttal round has begun and the Claimant side has fluently countered an authority cited by the Respondents to which the Respondent side does not have an answer and has requested to forego the right of surrebuttal.

VCR-8: 823 vs 812

13:53 The Respondents have to begin first to question the jurisdiction of the tribunal.

14:04 The Claimant then takes over to answer the objections raised by the Respondents with respect to the jurisdiction.

14:25 The Claimant is getting questioned about the quantity of the claim however, the judges seem dissatisfied with the answers.

14:43 The Respondents begin their submissions and are extremely confident and assertive. The questioning begins and slowly the speaker starts struggling with answers and eventually has to plead ignorance to proceed further.

14:51 The Respondents begin to make submissions regarding mitigating the amount for damages to be received by the Claimant however the judges seem to be of the contrary view. The Respondent is adamant about her position and defends her stance.

14:56 The Claimant begins their rebuttal. The Respondent seems perplexed but tries to frame the answers in a short time span. The rebuttals have ended and with that the end of the first session for this Courtroom.

SESSION-1 ENDS

SESSION-2 BEGINS

VCR-1: 827 vs 826

16:50 Unfortunately, the round has started with Speaker 1 for the Respondents facing serious internet issues. The Speaker, nevertheless, powers through her preliminary submissions. The judges listen intently but are distracted by her voice echoing.

16:56 The Speaker is asked her 1st question. The question is technical and she has an answer ready. The judge counter questions her but to her dismay, her internet connection is lagging and the judge has to repeat the question thrice. The judge tries to accommodate her issue and quickly types the question in the chatbox.

17:05 Speaker 1 is finally done with her submissions and Speaker 2 is asked to proceed. It is really commendable how well Speaker 1 handled the pressure of having a bad internet connection. Moving on to Speaker 2’s submissions!

17:10 Speaker 2 leads with her technical arguments but the judges ask her about the jurisdiction issue. Her answer is satisfactory enough as the judges don’t raise any counters to the same.

17:12 Oh no! It seems like Speaker 2 has run into trouble as she answers one of the judges’ question with an answer that sounds like a question of its own. The judges then ask her a series of questions regarding the temperature of the container to which her response is quick. The judges let her proceed.

17:16 Due to the internet issues being faced by Speaker 2 as well, the rounds progress slowly. The judges refrain from asking a lot of questions. If that is a good thing or bad, is what remains to be seen.

17:25 It has been 6 minutes since Speaker 2 has been continuously answering the judges questions regarding the conditions in the reefer container. She is definitely stuck! Realizing the same, she pleads ignorance to their question and proceeds but the fact remains that she has wasted quite a lot of her time on this already.

17:28 Oh a possible blunder in the making! Looks like Speaker 2 misspoke a major fact. One of the judges immediately calls her out on it. She somehow completes her submissions but by now, the judges look disappointed.

17:38 Speaker 1 for the Respondents begins his preliminary submissions with his own set of connectivity issues. The judges are quite exasperated and wonder what’s going on with the teams today.

17:42 Speaker 1 has been speaking for some time now with no interruptions from the judges. He quickly finishes his first issue and moves on to his next. The judges have their poker face on and so, we do not know if this silence is an indication of an incoming storm or not.

17:45 Speaker 1 is interrupted and quite dramatically too! Both the judges have questions to ask and at the exact moment. Speaker 1 fumbles with his answer as a result and the judges begin their counter questions.

17:47 The judges are not at all convinced with Speaker 1’s answers and at one point, exclaim, “No!” straightaway rejecting his arguments. The Judges then expand on their questions for the speaker’s benefit but Speaker 1 is unable to answer the Judges. He asks permission to proceed which is then granted to him. The Judges don’t look happy.

17:55 Speaker 1 is asked what ‘subrogation’ means. He answers the question but is then asked a lot of counter questions where he stumbles again.

18:22 Speaker 1 for the Claimants begins with her rebuttals and instead of enumerating her points, seems to be elaborating on one with the help of a case law. An unusual approach indeed! The sur-rebuttals begin. The judge is quick to interrupt the respondents as they seem to be summarizing the rebuttals instead of answering the same.

VCR-2: 815 vs 807

16:00 The teams have joined the second session. After a good warm up in the first session, everyone seems prepared as they wait for the third judge to join the meeting.

16:17 The Claimant Speaker 1 had a rough start to the session with bad internet connectivity.

16:20 Finally, she’s back to save her Client’s interest in this dispute.

1:27 The bench appears to be cold. The speaker 1 for Claimant submitted her issues and made her case very smoothly without much grilling from the Tribunal.

16:28 The Speaker 1 from the Respondent side has now taken the floor. She seems a little flustered.

16:38 The judges have caught the Speaker 2 off guard.

16:45 The Speaker 1 from the Respondents side has handed over the floor to the Speaker 2 of the Claimant. It looks like she was unsure about her decision. The Speaker 2 from the Claimant, however, seems pretty confident with her arguments as she takes the floor. The Court room suddenly appears more lively with her invigorating energy.

16:57 Seems like the Arbitrators are finally satisfied with every justification that the Claimant Speaker 2 has provided backed by logical reasoning and factual analysis for the same.

17:01 As the Speaker 2 for Claimant continues to confidently make her case, the Tribunal seems to enjoy questioning her on logical analysis of the factual and legal disputes concerning the issues before them. Seems like the Counsels for Claimant might have managed to keep the Tribunal engaged in a fruitful discussion over the issues.

17:07 One of the judges seems perplexed as the Respondent Speaker 2 addresses his question as “answer” to which she is expected to answer indeed.

17:20 The Speaker 2 from Respondents has suddenly become energetic in her submissions. Her addressal to the Arbitrators “Can you understand what I am saying” is a testament to her commitment to ensuring her claims are heard.

17:24 The Speaker 1 for Claimant has begun with her Rebuttals and looks like she has some really strong points to deconstruct the case made by the Respondents.

VCR-3: 813 vs 808

16:42 Judges and the participants are here in the courtroom.

16:45 Prior to the beginning of the rounds, the speaker 1 of Claimant informs the judges that they are going to follow the C-R Rule by which claimants are going to argue first.

16:46 Before delving into the issues of merit, the counsel of Claimant starts his contention on the number of the arbitrators in the tribunal. He contents that a sole arbitrator is a better alternative.

16:48 To substantiate the arguments the counsel refers to various authorities.

16:49 Judge interrupts that the addendum to Bills of Lading is signed by carrier in the presence of claimant, and you the claimant have not objected to it at that time. Now, how can you bring a claim on the point which you agreed earlier.

16:51 While arguing the counsel used certain vague words related to the moot problem which was then and there pointed out by the judges. Judges advise the counsel to be aware about the words you use.

16:55 Judges continue asking questions on the applicability of the SCMA rules for the appointment of arbitrators.

16:59 Counsel exceeds the time limit while answering the question and asks for an extension of 5 minutes and the judges give only 3 minutes extension.

17:00 Claimant’s counsel submits that they are the rightful party to the contract.

17:01 The judge asks a question on the relation between the bills of lading and the letter of credit.

17:03 Counsel seems unable to answer the question upto the satisfaction of the judges.

17:04 No extension of time was given to the speaker and judges asked the co-speaker to answer the question w.r.t. relation between bills of lading and letter of credit.

17:05 Speaker 2 of Claimant begins his argument.

17:06 Judges advise him to maintain anonymity.

17:08 Judges continue grilling speaker 2 on the previous question, however, the counsel pleads ignorance as the question is not from his issues.

17:12 The judge asks questions on the facts of the case but the counsel was unable to answer it properly.

17:13 Counsel states that they are not the party to the bills of lading and that statement agitates all the judges because it then raises the point of locus standi.

17:14 Counsel could not answer the question properly.

17:20 Counsel asks for an extension of 2 minutes to complete the remaining submission which is given to him.

17:27 Respondent speaker 1 begins, judges inform her that they are going to get an extra 5 minutes for their submissions.

17:30 Counsel argues that bills of lading is not a document of title. Judge interrupts by stating that by this submission you are disputing the main function of bills of lading.

17:31 To answer the judge, the counsel states that bills of lading needs to have certain essential ingredients. Answer does not satisfy the judge.

17:34 Counsel brings alternative submission in order to satisfy judges that sounds impressive.

17:38 Counsel proceeds to the final submission by satisfying the judges.

17:40 Counsel yields the floor to the co-counsel for the remaining issues.

17:48 Speaker 2 of Respondent begins and apologies for the technical glitches.

17:50 Counsel begins with disputing the applicability of the Hague Rules

17:52 Judge asks the counsel as to whether they perform due diligence in maintaining the temperature

17:53 Counsel agrees with the point that the damage to the goods happened in-transit, however, they are not the one to bear the liability.

17:58 The judge put forth two questions before counsel and the counsel answer them by citing the appropriate authorities.

18:01 Counsel for the respondents completes his submission and ask the judges’ permission to proceed with the prayer.

18:04 Claimant begins their rebuttal.

18:06 Judges advise the respondent to restrict their sur-rebuttals only to the points mentioned in the rebuttals by the claimant’s.

VCR-4: 806 vs 818

16:07 Claimants’ procedural speaker takes the floor. He starts by giving a quick brief of the facts of the case.

16:09 While proceeding with the submissions, the speaker makes couple of references from the moot proposition. He is moving fast in doing so, as one of the judges requests him to stop for a minute in order to catch up with his submissions.

16:13 The judge catches a logical inconsistency in one of his submissions and of course, decides to grill him on it. The speaker tries his best to answer the question satisfactorily, but he’s stuck in a loop. He invites a couple of follow ups wherein the Judges ask him about the significance of the authority cited by him.

16:22 The speaker did not invite any further questions and was able to conclude his submissions on time.

16:23 Claimants’ merits speaker takes the floor now. Before introducing herself she politely asked the Tribunal whether she was both audible and visible. The bench nodded their heads answering in affirmative.

16:35 One of the judges breaks the flow by seeking a factual clarification. They need evidence on record from the moot proposition. She seems to be a bit under confident about her answer. Gracefully, she seeks a 10 second pause in order to recompose herself and rephrase her answer. Jumping on that opportunity she strikes back with an answer that impresses the bench.

16:38 After concluding her submissions, the speaker wishes to recite the prayer but was denied by the Tribunal since she had exceeded her time.

16:39 After a successful pleading by the Claimants, it is now the Respondents turn to take the floor. The procedural speaker exchanges greetings with the “learned panel” in their own words.

16:40 The procedural speaker made a brief submission on the jurisdictional issue and then he directly questioned the Tribunal to pitch in and respond to his submissions

16:44 The speaker while making his submissions drew a parallel between pizza delivery and delivery of containers without any justification for the same. This particular statement sure did catch a lot of attention ,however, doubtful if it was a good catch.

16:55 With no further questions from the judges, the procedural speaker steps down the floor. The merits speaker steps in.

16:56 The speaker after greeting the bench, starts off on a good note by giving a background to the case. Contrary to his co-speakers’ style he has a very calm and natural tone of speaking.

17:01 Five minutes into the submissions, the judges catch him off guard with a great fact-law combination based question to which he does not have an answer prepared. Smartly enough, he manages to give an alternate answer along the same lines and is let off the hook.

17:12 The claimants raise a lot of concerns during rebuttals. They found many logical inconsistencies and loopholes in the submissions made by the respondents.

17:16 Since the rebuttals took 2 minutes, the respondents also took up 2 minutes to sur rebut exceeding their time limit.

VCR-5: 816 vs 821

16:48 As expected the judges enquire with the Respondents whether they are challenging the jurisdiction of this tribunal.

16:50 Having successfully dodged the trap set by the judge, the Speaker 1 from the Respondents takes the floor and very confidently begins with his submissions. He is faced with a question after just a minute after having begun, but his poise self doesn’t allow him to be hurried or afraid.

16:55 The judge questions the speaker on the prevalance of the principle of party autonomy. The Speaker tries to give an answer with reference to the present case study. But seems like the Judge just needs a Yes/No answer. The Judge again asks a follow up question on the same, which on the face of it is perfectly answered by the Speaker.

16:57 This concludes the Respondent’s submission on the jurisdictional issue. Now the floor is open for the Claimants to argue their stance on the same. The Speaker 1 begins with his submissions very calmly and slowly. He seems to have grabbed the attention of the judges well enough.

17:02 The Speaker is finally asked a question after having concluded. He answers that without wasting any time. His answer is clear, concise and probably correct, given the judge seems satisfied. He now proceeds with his second issue.

17:10 The speaker has been going uninterrupted for a long time now. He has almost reached the conclusion of his submissions. Too good to be true?

17:15 The Speaker concludes his arguments and just as he is about to leave the floor, the judges pose a series of questions towards him. This was clearly unexpected, but the speaker didn’t let this shock get to him. He remained the same poised zone and answered the questions directed to him one by one.

17:18 The Speaker 2 from the Claimant’s side begins. He is barely just done with the introduction and greetings, that he is put off track as the Judge questions him. He clearly did not see this coming. He fumbles, and struggles hard to get on track. However, he’s not able to satisfy the judges on the same.

17:22 The speaker still seems to be caught off-guard by all this. Kudos to his efforts to collect himself but the judges aren’t able to grasp much. He tries to condense his arguments, but the grilling isn’t helping.

17:30 Speaker 2 from the Claimant side is now done with his submissions. The Speaker 1 from the Respondents side takes the floor again to submit the second part of his arguments.

17:35 Speaker 1 is really articulate in his submissions. He seems to have a good throw of voice and has a well structured content.

17:39 The judges are kind enough not to interrupt the Speaker during his submissions and reserve his questions for the end. The Speaker carefully listened to all the questions the Judges have to ask before answering the same instead of jumping to answers abruptly. That seemed to work for the judges.

17:42 The Speaker 2 from the Respondents has the floor now! He has probably taken notes on how to deal with the bench by seeing the Claimants and hi Co-Counsel. He starts and his speech confident and insistent. The speaker gracefully struggles through the grilling. He tries hard to maintain his calm and is visibly successful in doing so.

17:46 “Fair Enough, proceed Counsel”. These words from the Judge brings a smile in the faces of the Respondents. They have successfully satisfied the judges. A great feeling!

17:54 Both the speakers from the Respondents side have three things in common; speed, accuracy and fluency. They are extremely assertive in every thing they say which is evidently working amazingly well for the judges. The judges look satisfied.

17:56 The Rebuttals are here. The claimants allege on 3 main points. The Respondents handle the surrebuttals very well. Great round for both the teams

VCR-6: 817 vs 822

16:19 After a brief discussion on which side is to proceed first on jurisdiction, the Respondent Speaker has taken the floor to contest the appointment of arbitrators.

16:22 The first speaker is calm and composed. She answers with poise and does not let the Tribunal hinder her confidence with follow-up questions, answering in a clear and direct manner.

16:24 After a brief and direct submission on the first issue, the Respondent speaker gives the floor to the Claimant speaker to address the challenge to the number of arbitrators. She is calm in responding to the questions. The Tribunal is sharp to identify the inapplicability of the cited case laws to the matter at hand. However, the speaker tries to draw the attention on where the facts are similar, rather than where they are different. Follow up questions by the Tribunal do not affect the clarity in her submissions.

16:32 The Tribunal asks the speaker to highlight the difference between curial law and lex arbitri, the counsel is unable to answer. After a little back and forth, she continues with her pleading

16:38 The question of the nature of rights that the Claimant has was left unanswered by the first speaker, despite exhausting her time. The Tribunal posed the unanswered questions to the second Claimant speaker who addressed the same in a relatively structured manner. The Tribunal posed further questions to his submissions which the speaker addresses with the help of both fact and law. The judges seem satisfied. So far, so good.

16:50 Seems like the Tribunal has finally managed to catch the speaker. Small smiles are let out as the speaker is left at a loss of words, while he tries to think about the correct answer. He doesn’t give up and tries to bring the attention back to the fact sheet and finally retracts his previous submission. With the position now clear, the Tribunal asks him to proceed.

16:57 The speaker asks for an extension of 90 seconds. Unable to provide the exact factual point to support his submission, he seeks permission to proceed with the subsequent submissions. In the interest of time, the Tribunal asks him to directly move to the issue of damages. Indeed, true to the nature of arbitration between commercial parties, time is money at the end of the day.

17:05 The Respondent speaker takes the floor. She admits that the Respondent is not absolved of all liability but relies on the contract to mitigate the liability of the Respondent. Judge: “How can a contractual clause override the incorporated law?” Speaker: “Contract is based on consensus ad idem.” The Speaker is unable to provide reasoning for her argument on the validity of the contractual clause and ultimately pleads ignorance.

17:12 In an unprecedented development, the speaker completed her submission and her prayer with 6:52 minutes to spare. The additional time was added to the time of the first Respondent Speaker, who sought to complete the arguments on issues 1 and 2. It’s anyone’s guess whether the second speaker was sad or happy with such a development.

17:21 The Speaker relies on mercantile practices to highlight exceptions to the concerns pointed out by the Tribunal. Unsure about the value of such a reasoning, the Tribunal asked for a judgement to seek assurance. While the speaker cited the judgement, she was unaware of the bench and other specifics when probed by the Tribunal.

17:23 The Tribunal exercises its discretion and rightly so to state that counsels must adhere to the time limit very strictly. The Claimant speaker begins on a strong note by challenging the arguments of the Respondents on a point by point basis. He states “I do not agree with the Respondents’ submissions”. When would you ever?

17:26 The Respondent speaker scheduled to give the sur-rebuttal unfortunately dropped out of the room due to network issues. The second speaker swiftly stepped up to take her place. In an another unfortunate event, she also dropped out.

VCR-7: 814 vs 823

16:06 The Claimant Speaker 1 is vehemently arguing his first issue. The arbitrators look satisfied with his claims and without posing any further questions allow him to move on to his second issue.

16:10 Owing to certain connectivity issues, the arguments of the first speaker hit a snag and he had to leave the floor. However, showing much enthusiasm and composure, the second speaker of the claimants has taken over and is now fluently arguing his side citing numerous authorities.

16:15 The speaker is countered with questions from the Arbitrator on the point made on Hague Rules which he was able to overcome with a satisfying answer. The speaker is vehemently arguing on German Maritime law and has taken up a significant portion of his time elucidating on the same. One of the arbitrators has thus asked the speaker to proceed to the other points of his claim.

16:20 The speaker is caught off guard with a tricky question pertaining to constructive possession of the cargo. The speaker took a long pause and failing to answer the question posed by the arbitrator chose to move on to a separate point.

16:25 Time is fleeing but the arbitrators can never get over grilling the counsels over intricate details. Right now, Speaker 2 and one of the Arbitrators are in a tiff over the point of unjust enrichment on the part of the claimants.

16:31 The Arbitrators and the Counsel are engrossed in a discussion over the citation of a particular authority. The current speaker just like the previous team is challenged with questions on quantification of damages which seems to be the bone of contention.

16:43 Coming back to the first speaker, he had to encounter several connectivity issues which impede him from joining the actual courtroom.

16:49 The speaker uses the argument of equity jurisdiction which the Arbitrators have immediately opposed to stating that the bench is not vested with such jurisdiction considering that arbitration takes place at the will of the parties. The claimants have successfully wrapped up their arguments and the dais is passed on to the Respondents.

16:56 Speaker 1 from the Respondent side has started on a positive note and has put forth her side negating the claims of her opponent. One of the arbitrators throws a question on the inspection report to which the speaker was able to furnish a satisfactory answer.

17:01 Arbitrators have drawn the attention of the speaker to a point mentioned in the memorial based on which they are firing questions at her.

17:04 The second speaker from the Respondent side has taken the podium and is vehemently arguing on the point of applicability of Hague Rules in the particular case stating that Brazil is not a signatory to the same.

17:09 The speaker confidently sails through the other arguments contending the parties of the contract and delving into the other arguments to which the arbitrators did not pose any question as of now.

17:13 The arbitrators are countering the speaker on the point of name of the consignee on the bill to which the speaker calmly responds with a convincing answer. The arbitrators allow her to proceed with her prayer following which the respondents successfully wrapped up their side.

17:15 The rebuttal round has started where the claimant came on strong and boldly answered the question which was previously posed by the Arbitrators. Additionally, the claimants have countered certain arguments made by the respondents which the counsel of the respondent has refuted claiming it to be hearsay.

17:22 The arbitrators and the counsel of respondents seem to be stuck in a loop over the issue of applicability of Hague Rules. While the respondents are constantly arguing that Hague Rules won’t be applicable to them absolving them of all liabilities, the arbitrators are pestering the counsel to deviate from their stance. However, the Respondents come out strong and refuse to change their stand.

VCR-8: 802 vs 820

16:19 The Claimant begins his submissions confidently and is questioned by the judges about the arbitral clause at the onset itself. The judges bombard the speaker with questions but the speaker still holds a smile on his face while dealing with them.

16:22 The judges request the speaker to provide them with authorities to support his assertion and the speaker is able to satisfy their concern perfectly.

16:30 The judges request the speaker to first satisfy the concern with respect to the jurisdiction of the tribunal, however, the speaker dodged the same and proceeded with other issues.

16:45 The second speaker for the Claimant begins and is extremely eloquent in his submissions and answers. He seems to be satisfying the judges on all fronts and is incorporating a perfect combination of facts and law to prove his assertions.

16:56 Finally the speaker has to give in to the judges and the disappointment is filtering in through the screen. But the speaker comes back stronger than before trying to convince the judges about the liability of the Respondent to the best of his capabilities.

17:06 After an unusually long extension the Claimants finally leave the floor and the Respondents begin, with questions being fired left, right and centre.

17:27 With the time running out the speaker sure is nervous to complete her submissions however the judges owing to their inquisitive tendency have granted multiple extensions for the speaker to cater to the questions.

18:05 After what seemed like an unending round, the Respondent is finally relieved and the rebuttal begins.


ROUNDS FOR DAY-1 CONCLUDE!


DAY-2 | 9th April 2021

PRELIMINARY ROUNDS

SESSION-3

VCR-1: 822 vs 807

11:15 Rounds on Day 2 begin with yet again internet issue being faced by Speaker 1 for the Claimants. Nevertheless, the rounds proceed with the speaker laying down the facts of the case wherein she is asked a couple of questions by an Arbitrator which she answers confidently.

11:23 Speaker 1 is being asked to justify her stance on the jurisdiction issue – a question that has been popping up in every round so far. The Arbitrator tries to lead her away from the answer but Speaker 1 perseveres and is successful in satisfying the Arbitrator. He then asks her to proceed.

11:27 It has been five minutes since the speaker has been allowed to move on with her submissions. She is backing up her answers with precedents and statutes but the Arbitrators are relentless in their questioning. She realizes that she has lost a lot of her time and finally pleads ignorance. The Arbitrators allow her a time extension of 2 minutes to complete her next submission.

11:35 Speaker 1 now hands the baton to her co-counsel, Speaker 2. She begins by explaining the applicability of the Hague Rules to the case study. The Arbitrator interrupts her asking why the Hague Visby Rules won’t apply. The Arbitrators are puzzled with her justification and ask her counter questions.

11:44 The Arbitrators ask Speaker 2 about her knowledge of the way reefer containers function. Speaker 2, dodging the question, begins explaining the facts stated in the case study. She falls into her own trap when she misstates a fact. The Arbitrators refuse to accept her reasoning. Speaker 2 looks nervous and we can hear the anxiety in her voice.

11:55 She somehow finishes her submissions. It is now time for the Respondents to take the podium.

12:07 Speaker 1 for the Respondents is not allowed a smooth start as the Arbitrators are persistently questioning her on the application of law in the present case. She is then asked to state the application of the ‘inherent vice of the goods’ principle in the case study. She is also asked to justify their fulfillment of the conditions for the inherent vice defence. Speaker 1 is unable to answer the questions directly and the Arbitrators direct her to “stop introducing new facts” at this point. It also looks like Speaker 1 is looking for a way out because she soon starts speaking over the Arbitrators and quickly shifts to her second submission. The Arbitrators quickly cut in and let her know that ‘they are not convinced at all’.

12:22 Speaker 1 completes her submissions but the Arbitrators ask her one last question before Speaker 2 is allowed to proceed. She answers the question and now it is time for Speaker 2!

12:26 The round continues with an awkward moment where Speaker 2 refers to the bench as “Mr. Arbitrator” when in fact, the Bench is overwhelmingly, female. Speaker 2 looks taken aback and apologizes for her oversight.

12:34 The rounds seem to be going out of hand for Speaker 2. At one point, she point blank asks the Arbitrator, “Are you understanding what I’m trying to say?”. The Arbitrator says, “No”. Ouch!

12:36 Speaker 2 has some serious conceptual issues in her arguments and the Arbitrators look exasperated. She is now being quizzed on contract law concepts, not something we expected would happen today. Speaker 2 ends her submissions and now it is time for rebuttals.

12:42 The speaker for the Claimants is done with her rebuttals in under 30 seconds. The speaker for the Respondents makes a point and is done with them in under 10 seconds. Fast! After such a brutal round, it remains to be seen how well the participants have fared. We’ll get to know the same from the Arbitrators’ feedback. Hope all goes well!

VCR-2: 823 vs 808

11:08 It’s the second day for preliminary rounds of 8th IMAM. Session 3 in Court room 2 is about to begin. Teams 823 and 808 have arrived.

11:10 The judges have decided to begin the session without any further delay. Team 823 speaker 1 has taken the floor and has requested the Tribunal to proceed with her first issue. Having begun very calmly, the speaker 1 Team 823, representing the Claimants, has been abruptly interrupted by one of the judges upon making a case regarding the jurisdiction dispute.

11:19 Soon after the judges interrupted, the Speaker for team 823 seems to have been overcome with the restlessness that followed. She seems to struggle with justifying their claim regarding the interpretation of the Arbitration Clause.

11:24 Although the time for Speaker 1 from team 823 is up, one of the judges seem to have extended her time to enquire about mandatory provisions that the counsel has been emphasizing upon for quite some time now. The Arbitrator’s question seems to have caught the speaker 1 off guard. In any case, she manages to make her case and yield the floor to the next speaker from Respondents Team 808.

11:28 The Respondent Speaker 1 for team 808 has taken the floor. Looks like the defense counsel was very vigilant throughout the Claimant Speaker 1 from the team 823 rounds, as she tries to deconstruct their case regarding compensation and Jurisdiction claim.

11:35 Speaker 1 from team 808 sped up like an ALFA-X version of the Shinkansen train soon after she was interrupted by one of the Judges.

11:40 The Speaker 1 from team 808 seems to be back to her normal pace. For quite some time now there has been constant badgering by judges with questions concerning containers’ dispute, however, the Speaker 1 is pretty stable and consistent with her arguments. It’s unclear though whether the judges questioning implies their curiosity towards her case or dissatisfaction with her reasoning.

11:46 The time is up for Speaker 1 from team 808 but one of the judges is still enquiring about her factual and legal analysis concerning Respondents’ carrier containers. It is pretty exciting to watch her justify Respondents’ claims without faltering.

11:50 After a great round of interrogation of the Respondent Speaker 1 from Team 808, the Claimant speaker 2 for team 823 has taken the floor. Before she could even make her case, 2 out of the 3 judges have unexpectedly stopped her to clarify Claimants’ request for compensation claims.

11:54 A series of questions have been following up for last four minutes. Speaker 2 for team 823 looks anxious with all these questions being thrown at her, wondering if she has been thrown off track by the Tribunal. But the Speaker 2 has managed to answer every question very calmly. Looks like the speaker has realised her entire case for 16 minutes will have to be made by answering questions only.

12:09 After an elaborate session of answering by Speaker 2 of Team 823, the Tribunal tactfully questioned the Counsel on a two-fold concern that still appeared to prevail in their minds. Those being, the capacity of the Claimants to sue and regarding the applicability of the insurance. The Speaker 2 tried to evade the question by requesting for an extension of time. However, with the grant of additional 2 minutes, the speaker 2 could neither justify this nor cite any source for value of compensation claimed. It was indeed very apparent that one of the judges appeared to be very interested in testing the Speaker 2 on her basic research preparation.

12:13 The speaker 2 for team 808 is the last speaker for this session before the rebuttals begin. Upon taking the floor, he appears to be unaffected by his surrounding, like the wise old man from one of Shakespearean Plays. He begins the rounds with a brief introduction, and lays down two issues that he shall be addressing, mainly the damage to containers and if claimant has a right to compensation claim.

12:37 Just like the Speaker 1, the Respondents Team 808 Speaker 2 managed to present an impressive performance with great oratory skills and logical analysis of the disputes before the Tribunal. Fortunately, the Tribunal seems to have enjoyed their engagement with the Speaker 2 from team 808 during the session.

12:40 The Speaker 2 for team 823 has taken the floor for Rebuttals. Her arguments are very responsive to the arguments presented by the Respondents Counsels before.

12:44 The Speaker 1 for Respondents team 808 is backfiring with factual evidence to make their case even stronger in the sur-rebuttals.

VCR-3: 818 vs 820

11:10 Rounds for 818 v 820 begins in court room 3 in the presence of the judges.

11:11 With regard to the format, the Claimant informs the judges that the Respondent has challenged the jurisdiction of this tribunal and therefore they should be the one to argue. The judges let the parties mutually decide on this.

11:14 Speaker 1 of the Claimant begins after the bilateral decision between the parties on who will argue first.

11:15 Counsel lays down the issues and bone of contention before the tribunal.

11:19 Counsel argues that mandatory provision of section 9 will prevail over SCMA Rules.

11:22 Judge brings counsel’s attention to the attendum ask the applicability of the Rules and ask him to justify his submission.

11:24 Somehow the counsel tries to satisfy the judges by his contention and proceed ahead with the next submission.

11:28 Judge asks what is the nature of the document in order to finance the transaction, it seems that counsel does not know the answer to it.

11:30 Judge continues grilling the counsel on the technicalities of the transaction and conditions attached to it.

11:31 Two extra minutes are allotted to the counsel so that he can answer the questions asked by the tribunal.

11:33 Judge asks the counsel to summarise the remaining issue within next 30 seconds.

11:34 Counsel yields the floor.

11:34 Speaker 2 continues the claimant’s argument on the issue of coversion of containers.

11:36 Judge pointed out that if the facts are silent then how can you come to the assumption that there was conversion of the containers.

11:37 Counsel concedes to the observation pointed out by the judge.

11:39 Applicability of Hague Rules is contented by the counsel and utilised to answer the questions raised by the judges.

11:42 Counsel seems to convince the judges with the rules of interpretation to justify his contention.

11:47 Claimants speaker 2 completes his arguments. He has eloquently argued and answered the panel’s questions.

11:51 Respondent speaker 1 begins with her submissions.

11:56 5 minutes up. No questions have been asked. The bench seems to agree with the speaker’s submissions.

11:59 The panel questions the speaker on whether a multi-model bill of lading is a document of title?

11:59 The speaker cites several authorities to establish that such a bill would not constitute a document of title.

12:05 The panelists continue to grill the speaker. The speaker fumbles.

12:06 Speaker 1 completes her submissions.

12:07 Speaker 2 takes the floor and is immediately faced with multiple questions.

12:16 The judges question with regard to the liability of the carrier and about whether the respondent followed the principles of seaworthiness?

12:16 The speaker answers amidst heavy grilling. She maintains her composure and continues to respond.

12:24 Speaker 2 completes her submissions. Rebuttals and sur-rebuttals commence. It has been a fulfilling yet challenging round for both teams.

VCR-4: 821 vs 826

11:05 And Day 2 of IMAM is in session! Having caught up on sleep and well rested, all the participants and judges in the courtroom look fresh. Looks like we are about to witness a great pleading this session. With one of the judges being absent, the organizers had no choice but to follow the protocols and commence the round with a two-member bench.

11:06 As proposed by one of the judges, the teams deliberate whether they are in consensus with the idea of following a RCCR speaking model as followed by traditional arbitration moots. The respondents seem to be in agreement and procedural speaker from Respondent side is ready to take the floor.

11:08 First speaker of the day, Respondents’ procedural speaker begins with his submissions. His style of speaking comes across as very natural and seamless, he uses his hands to emphasise on facts that are in favour of his client. Now that the judges are fairly well versed with the facts of the case, he is not investing a lot of time on background to the issues, which seems like a smart move giving him more time for his submissions.

11:11 Until now the speaker had been moving in a very smooth uninterrupted flow, however, he muted himself by mistake which breaks his flow. The judge had to unmute herself and point it out to the speaker. He stopped immediately, unmuted himself and apologized to the bench. After this brief pause on account of technical difficulty, the speaker proceeds with his submissions.

11:17 What seemed like a cold bench till now, suddenly turns into a hot bench now. Lot of procedural questions are thrown at the speaker. He is finding it difficult to keep up with the questions. The judge has caught the speaker in a loop with a question on the fundamental principle of arbitration, whether arbitration rules prevail over lex arbitri. With about six minutes still left on the clock, the speaker steps down the floor and requests to continue with his submissions after the claimants’ have made their case. The judges allow him to do so clearly allowing a modification in the traditional RCCR model.

11:18 Now the claimants’ procedural speaker takes the floor. He takes a couple of seconds to himself and takes a deep breath before he starts speaking. This is a very common practice shown by seasoned speakers and reflects nothing but confidence.

11:25 With the bench already set in the mood to grill, the speaker is having a hard time in making his submissions without being interrrupted almost every 30 seconds. . What was evident is that the speaker knew the answers to all the questions but since the judge kept rephrasing his questions in order to confuse him, the speaker got a tad bit impatient.There were a couple of instances where he interrupted the judge while he was asking a question which might be taken as an offense by a hot bench. We can only hope that the judges in this session didn’t.

11:34 Having run out of his time and still stuck in a loop of follow up questions, the speaker in a respected and a tactful manner puts his point across the table with the help of his conclusion. We can see a look of satisfaction on the face of the judges as well. The merits speaker for claimant takes the floor.

11:44 Unlike the composure shown by his co-speaker, the merits speaker is definitely not handling a hot bench well. Flustered with the plethora of questions thrown at him, the speaker had a hard time to move back to his submissions

11:47 With time running out of his hands, the speaker knew he had to get out of that loop and smartly enough, he requested the bench to allow him to conclude with his submissions and address the remaining concerns of the bench in the conclusion. This particular statement was received well by the bench and they gave him a nod.

11:50 Now, the respondents’ procedural speaker takes the floor again with almost six minutes left on his clock.

VCR-5: 824 vs 827

11:38 It’s the second day of the preliminary rounds. The participants and Judges of VCR 5 are fresh and ready for the first session of the day. As expected, the judge asks the respondents if they are challenging the jurisdiction of the Tribunal. The respondents affirm the same and subsequently, the Speaker 1 takes the floor to present her submissions for the jurisdictional challenges.

11:42 Seems like the Internet is not a friend for the respondents today. The speaker 1 powers through the unfortunate glitches gracefully and continues with her submissions. She has a certain amount of calmness and poise in her voice which is proving to be an incentive given her internet condition.

11:47 The question for the applicable law is now here, as the judge asks for an authority to justify the same. She pleads ignorance and this marks the end of her submissions.

11:50 Now it’s the time for the claimants’ Speaker 1 to contest her stance. The vigour and the force in her voice leads to a sudden change in the otherwise silent and calm environment of the Courtroom. We could see one of the judges startled as she started with her arguments. Let’s see how this vigour and energy works with the judges.

12:00 “The judge interrupts her flow with a question regarding the genesis of the doctrine of subrogation and what is its value in the International Commercial Arbitration. The Counsel claims that this tribunal has never had a problem with the application of the same.

12:06 Turns out the researcher’s authorities did not satisfy the judge’s concerns. After giving it numerous tries, the Speaker finally gave in. This marked the end of her time on the podium today. She passed the baton to her Co-Counsel .

12:15 Seems like claimants are very enthusiastic! The Speaker 2 starts her submissions and she is amazing! Speed is one of the things that the Claimant team is really into. It’s like they have their minds made up that they’ll not compromise the speed in their speech! But the good thing is despite the speed, the fluency is maintained throughout!

12:30 The Speaker 2 ends on a satisfactory note. The eyes turn to the Respondents, for now it’s their chance to defend themselves on the allegations put forth by the claimants. They face some very serious network issues, but they finally manage to secure a connection and the Speaker 1 commences with her submissions. Her calmness despite the technical issues is commendable.

12:58 Through all the technical issues, the respondents struggle to make their submissions and the questions certainly aren’t helping the situation. Bad day for them!

13:01 The claimants jump at the opportunity and point out each and every fallacy in the Respondents arguments. The respondents try to sur-rebut, it is very hard to say whether they did satisfy all the concerns or not.

VCR-6: 804 vs 802

11:09 Ready for an early start, the teams deliberate in their prep rooms to decide the order of speaking. Since Respondents are not challenging the jurisdiction, they let the Claimants go first.

11:16 After a slight delay due to technical issues, the first counsel for the Claimant has finally taken the floor. With no questions on the matter of number of arbitrators so far, seems like its smooth sailing for the counsel

11:19 The Tribunal directs the counsel to the arbitration clause as well as the provisions of the SCMA to contradict his argument. The counsel responds by arguing that the IAA constitutes lex arbitri and is in application, together with SCMA. The Tribunal does not seem satisfied and asks for a hierarchy of laws, “Why are we going to the lex arbitri in the first place?”

11:22 The counsel seems to be adamant on his argument of the mandatory provision of the SCMA rules and says that they are not in contravention of the rules when they apply the lex arbitri. The Tribunal does not seem satisfied, making it evident. In the interest of time, the Tribunal permits the counsel to proceed to the second issue.

11:25 With no questions on the second submission in entirety, the counsel quickly proceeds to the third issue. Are the arguments convincing or is the counsel rushing through his transcript to complete it in time?

11:28 The counsel quotes Salmond on torts to make his point, along with several cases. The Tribunal does not intervene with questions but is listening intently to every word.

11:29 The temperatures run cold today: The counsel before concluding, asks if the Tribunal has any further questions. The Tribunal responds with a unanimous No!. Without a solid landing, the counsel passes the baton to his co-counsel who begins with laying down a roadmap.

11:32 “Member of the Tribunals”: The tension is visible as the counsel starts fumbling. The Tribunal uses this window to question him on his argument regarding Clause 11(3) of the contract. He cites a clarification to answer the concern, albeit unsuccessfully. The counsel then provides an alternate argument on conduct to prove the applicability of the Hague Rules. Finally, the Tribunal is content.

11:36 The Tribunal is unable to understand “what” the negligence of the Respondent really is? After two follow-ups, the counsel makes his point. Even then, the Tribunal is not convinced how this conduct makes them liable? After an uncertain response, the counsel soldiers on.

11:41 “What is the basis for making this statement on market value?”. Without mentioning the exact clause, till he is asked to do so by the Tribunal, the counsel answers the concern. A Sponge-bob themed ringtone keeps interjecting more than the Tribunal. The Tribunal finally asks for the timer to be paused till the counsel puts his phone on silent. “Ma’am priorities matter, the Tribunal is my priority”. “That is okay, just put your phone on silent“. The Tribunal sets an example of being calm and composed during testing moments.

11:46 The counsel for the Respondents has taken the floor. He begins with a polite and calm tone. He waits for the Tribunal’s nod periodically. He seems to have doused the fire created by the Claimants during their pleading.

11:48 We are unsure if its the polite and calm demeanor of the counsel that is helping his case or the soundness of his arguments, but the Tribunal does not interject with questions.

11:50 The Tribunal finally asks him a question. The counsel tactfully answers it in his next submission, using the logic of the Claimants argument itself. His enunciation seems to contribute to his argument some more.

12:03 He finally concludes, ending as calmly and politely as he began. His co-counsel has taken the floor, beginning on an informal note befiting an arbitration.

12:06 After a rather elaborate roadmap and introduction, the final speaker of his round begins his arguments. On his first submission itself, the Tribunal points out how there is no explicit exclusion in the case at hand. The counsel is glad that the Tribunal asked him this, he answers briefly while stating that he will address it in a more detailed manner in his subsequent submissions. He keeps quoting Lord Diplock.

12:19 After two extensions, the counsel finally concludes his submission. The rebuttal is extremely responsive to the submissions of the Respondent and sharply points out that they relied on an overruled case law. The sur-rebuttal is short but the sweetness is subjective to the Tribunal’s liking.

12:28 The counsel for the Respondents exceeds his extended time in the rebuttals as well. The Tribunal has to finally ask him to step down. Before the judges move for deliberation, the counsel for the Claimants clarifies a point that was used in the sur-rebuttals ‘for information sake’. The Tribunal politely nods even though it was information that no one asked for.

VCR-7: 812 vs 813

11:30 The Session 3 has commenced after a slight delay and conflict between the parties as to which side will go first considering that the Respondents would be challenging the jurisdiction itself. However, the Arbitrators have used their discretion and allowed the Claimants to present their side first.

11:33 The first speaker from the claimants’ side looks determined and is presenting her arguments with a lot of conviction. Her arguments are well laden with citation of authorities from numerous jurisdictions and she is confidently using the same to substantiate her arguments.

11:36 It seems like the arbitrators are well-satisfied with the arguments framed by the speaker on the appointment of a sole arbitrator in accordance with the rules of the International Arbitration Act. The arbitrators did not interrupt the speaker for questions during the entire course of 10 mins in which she spoke.

11:36 It seems like the arbitrators are well-satisfied with the arguments framed by the speaker on the appointment of a sole arbitrator in accordance with the rules of the International Arbitration Act. The arbitrators did not interrupt the speaker for questions during the entire course of 10 mins in which she spoke.

11:40 The podium has been passed to the second speaker who is confidently putting forth the claims and will be speaking for 18 minutes in total. The Arbitrators are attentively listening to the arguments made by the counsel.

11.45 Finally, half way into the arguments of the second speaker, one of the arbitrators has interrupted her and is bombarding her with questions pertaining to the bill of lading. It seems like the speaker is not clear with the questions so she pleads the arbitrator to repeat himself. The Speaker finally took some time and explained her side to which the arbitrator asked her to proceed with other points. However, she is immediately interrupted by another arbitrator who is spinning questions on the applicability of Hague Rules.

11.50 The speaker is yet again countered with another question pertaining to the Tort of Conversion following which the Arbitrators seem to be roasting her not claiming damages. However, the speaker maintaining her composure enthusiastically responds that the issue will be dealt with at a later stage.

11:56 The speaker is wading through her arguments when she is impeded by a tricky question from one of the arbitrators. Time has elapsed but the arbitrators have considered the request of the counsel and granted her an extension to wrap up her arguments.

11:59 The speaker pulling herself together is presenting the last part of her arguments which primarily deals with the damages claimed by the claimants. The arbitrators are not convinced by the amount claimed by the claimants, however the counsel representing them were humble enough to accept any change as may be made by the arbitrator in the quantification of damages. With this, the claimants have successfully wrapped up the arguments of their side.

12:05 The first from the Respondent’s side has taken the floor now and is vehemently arguing on the point of Bill of lading addressing the issue of possession of the cargo. It seems like the issue of the bill of lading is attracting a lot of questions. The counsel is attacked with several questions regarding the same.

12:11 The arbitrators refuse to go easy on the respondents and continue to bombard him with questions on the MMT bill of lading. The arbitrators are reading out clauses from the bill and posing more questions. The speaker however, does a commendable job maintaining his composure and steadily addresses the questions raised by the arbitrators.

12:16 The arbitrators propose a certain solution to the counsel of respondents to which the speaker refuses to concede and strongly puts forth his stance citing authorities and landmark judgements. The speaker has been able to successfully wrap up his arguments a minute before his time elapsed which is applausable. The dias has now been passed on to the second speaker.

12:20 The second speaker verifying the stability of his connection begins unravelling his assertions and arguments. His first argument pertaining to the non-applicability of Hague Rules remains uninterrupted by the arbitrators. The second counsel of the respondent has made a point regarding non-liability of the party for any mishap taking place in a South American country. This point is immediately countered with numerous questions and the arbitrators label his argument as “dichotomous”.

12:25 The counsel humbly moves ahead to address the questions of the arbitrators referring to various rules, documents and landmark judgements where different interpretations have been given by Courts. After an engaging discussion over the issue, the Counsel is gestured to proceed with his further arguments.

12:30 The speaker from the respondent side concludes his side and the rebuttal rounds begin with much anticipated excitement. The claimants’ side raise objections to certain arguments of the respondents and submit to the tribunal following which the respondents have come up with a forceful surrebuttal response.

VCR-8: 819 vs 815

11:20 After an exciting first day the teams are all set to begin the second day with just as much enthusiasm! The Claimant begins confidently and the lack of questions definitely helps with the flow.

11:22 Well that didn’t last long as the judge starts asking the questions and to the speaker’s dismay she had to plead ignorance for the first question itself.

11:35 The speaker seems to be pleading ignorance on way too many instances which is definitely not helping her case. However, she tries to keep her composure and proceeds with her submissions. Despite several attempts the speaker struggles to answer the judges’ questions and yields the flow to her co-counsel while leaving the judges dissatisfied and disappointed.

11:41 The second speaker begins while the researcher endeavours to find the answers to the judges’ questions posed to the first speaker. The second speaker faces the same issues as the first one. Baseless assertions can definitely not fly with this bench of active arbitrators. The team is evidently struggling due to the research loopholes.

12:02 The second speaker continues the streak of pleading ignorance and leaves the stand on a similar dissatisfactory note. The Respondent begins and since the speaker had already conceded to the jurisdiction the speaker is asked not to contend that issue. The sudden improvisation evidently throws the speaker off, she struggles but tries to proceed with her submissions.

12:39 The Respondents face severe connectivity issues to answer the rebuttal and after waiting long enough the rounds finally conclude. The judges enter the room for deliberation and the teams wait eagerly for the feedback.

side has taken the floor now and is vehemently arguing on the point of Bill of lading addressing the issue of possession of the cargo. It seems like the issue of the bill of lading is attracting a lot of questions. The counsel is attacked with several questions regarding the same.

SESSION-3 ENDS

SESSION-4 BEGINS

VCR-1: 824 vs 816

13:50 The session begins and Speaker 1 for the Claimants is off to a grand start. The Arbitrators have started asking questions and the speaker is putting forth her points confidently. A hot debate ensues and the Speaker and the Arbitrator have different opinions. After an interesting exchange of concepts and reasons, the discussion finally ends with the Arbitrators nodding their heads along with Speaker 1’s points. A first in this courtroom, we must say!

13:54 Speaker 1 comfortably finishes her first issue and if the expressions on the Arbitrators’ faces are to be believed, she’s doing a great job. Although as the round progresses, it looks like Speaker 1 is toeing the line between being assertive and outright rude. Emphasizing her points, she tries to explain her arguments with head nods and hand gestures. The Arbitrators do not ask any more questions.

14:16 Speaker 1 completes her submissions and Speaker 2 begins her submissions. She is soon interrupted by the Arbitrators who ask her a slew of questions about the cargo and the reefer containers. She answers them patiently and does not lose her composure at any point. The Arbitrators continue to try to rattle the speaker but in vain.

14:26 It has been almost 10 minutes since Speaker 2 has been allowed to proceed with her submissions. Shots are being constantly fired and Speaker 2 is proving adept in avoiding them. Her arguments are multi-layered but coherent, allowing her to face the Arbitrators’ constant battering. It does not look like this war of words is ending anytime soon enough though!

14:33 Speaker 2’s successful stint finally comes to an end when one of the Arbitrators’ ends up asking her an unexpected question, judging by the nervous pause in the room. She stumbles her way through an answer that leads to more counter questioning.

14:41 There again comes a point where the Arbitrator and the speaker have different opinions but Speaker 2 is successful in convincing the Arbitrator who nods and allows her to proceed. An unprecedented feat in this courtroom! Bravo!

14:45 Woah! It looks like the Claimants have one last trick up their sleeve when Speaker 2 quotes Benjamin Franklin in her speech saying, “Money makes money. And the money that money makes, makes more money”. The Arbitrators burst out laughing and the mood is lightened considerably.

14:48 Speaker 2 is finally done with her submissions and it is now time for the Respondents to speak.

14:50 Speaker 1 for the Respondents begins her submissions with a slight tremor in her voice but soon picks pace and is comfortable. She is not interrupted and completes her first issue with hardly any interruptions. The Arbitrators continue to listen closely.

14:59 Speaker 1 has run into trouble soon and soon pleads ignorance to move forward with her submissions. She completes them quickly and Speaker 2 takes the floor.

15:03 Speaker 2 has not even completed his first sentence and is interrupted.The Arbitrator informs Speaker 2 that is not a ‘petition’ and the speaker has misstated. He apologizes and the round moves on. Unfortunately, it only gets worse from here on. He’s asked a series of questions and is unable to answer any of them satisfactorily. Judging by the heavy silence in the courtroom, Speaker 2 needs to do some damage control and now!

15:16 Speaker 2 is granted an extension of 2 minutes to complete his arguments. His voice sounds shaky and his face betrays his nerves. Stuttering, he completes his arguments and now it is time for rebuttals!

15:19 Speaker 1 for the Claimants makes her points quite aggressively, almost being snarky! The Arbitrators are highly amused and are hiding their smiles behind their hands. Speaker 2 sur-rebutes but he does not have as many points to make. Do the number of points really matter when it’s their quality that is being judged? We don’t think so.

15:20 The rounds are finally over and the participants now wait for the feedback session. Well, the rounds were quite interesting so we can only hope the feedback will be the same if not more.

VCR-2: 819 vs 817

13:49 Session 4 in Court Room 2 has begun. Teams 819 and 817 have joined the room and so have the judges. The atmosphere inside the courtroom is as pleasant as the weather outside..

13:53 Speaker 1 from team 819 has taken the floor and shall be arguing for the jurisdiction issues. Looks like the grilling from last session has made the speaker as calm as the water in the Mahanadi River.

14:03 Just like winter comes and goes away before even the people of Odisha get to feel it, Speaker 1 from Team 819 managed to make her way out of her first round in session 4. However, Claimants are so eager to argue their case and protect their client’s interests that the Speaker 2 from Team 819 forgot that the teams were following the CRCR method. Thankfully, the observant Host made sure the rightful speaker 1 from team 817 got her chance to defend the interests of Respondents vested in its container ships.

14:14 Claimant researcher from team 819 seems confused and stunned at the arguments made by Respondent Speaker 1 from team 817. The researcher seems to be frantically searching for something as the Speaker 1 from team 817 continues to confidently back her arguments with facts and laws.

14:51 Claimant speaker 2 from team 819 has faced a major setback with his internet connectivity. It no longer seems as pleasant for the Claimants’ Counsels as neither his internet nor the microphone is working. After a delay of more than 10 minutes, the organizers have found a solution to the problem. The Speaker 2 for team 819 has been allowed to continue without his video. It is good to see that after so much delay, confidence has not faltered for the speaker as he continues to smartly answer the Tribunal’s questions.

14:55 Identity is unique to every human, as it is for Team 819. Upon an enquiry by the judge to Team 819 as to “Who are they?”, Speaker 2 from team 819 has managed to preserve their identity as “We are the Claimants”. Seems like the Claimants are here to etch their name for posterity.

VCR-3: 804 vs 806

13:43 Round for session 4 begins. Claimant counsel takes the floor.

13:44 Judges are well versed with facts, therefore, the counsel proceed with his submission. He seems confident and clear.

13:50 Counsel tries to answer the judges but it seems that the response does not up to their level of satisfaction.

13:51 Judge places the question of how having a sole arbitrator going to help them in execution of the award. Counsel could not hear the question due to the network issue. But somehow he answers it.

13:54 Counsel submits very conveniently argue that they are the lawful holders of the bill.

13:56 Stating that every person is liable for unlawful conversion so does the respondent.

13:57 Panel grants 2 minutes of extension for completion of the submission.

14:05 After resolving the internet issue, the Speaker 1 completed his contention.

14:07 Speaker 2 is facing connectivity issues due to bad weather.

14:43 Speaker 2 continues the claimant’s submission after resolving the internet issue. He seems nervous.

14:47 Counsel apologise to the panel for the connectivity issue, the judges console the counsel by saying that this is something unforeseeable.

14:50 The panel begins grilling on the applicability of Hague Rules.

14:51 Counsel’s justification does not seem enough to justify his contention.

14:55 Panel has put forth a series of questions on the counsel.

14:57 An extension of 3 minutes is granted by the generous Panel.

14:59 Counsel fumbles a little bit while answering the questions.

15:00 Another extension of 1 minute is granted by the Panel.

15:03 Counsel concludes his submission.

15:04 Respondent begins the submissions and Speaker 1 takes the floor. She seems confident and fluent.

15:08 Counsel with very clarity submits on the issue of arbitration.

15:11 Counsel proceeds with the issue of merits.

15:14 Judge simply puts forth a very basic question as to ‘What is a bill of lading?’

15:15 Judge grills the counsel on the issue related to the bills of lading and it seems that she is not able to convince them.

15:19 An extension of 3 minutes is granted by the Panel.

15:22 Speaker 2 takes the floor in order to complete the remaining issues and the unanswered questions. She seems calm and composed.

15:27 Counsel answers the question asked by the panel.

15:32 Counsel tries to convince the panel by her argument.

15:37 Due to the paucity of time, the counsel seeks permission to proceed to the last issue.

15:40 An extension of 2 minutes was granted.

15:42 Counsel could not complete the issues at hand within the given time and then she hastily concludes the submission.

15:44 Speaker 1 of the Claimant’s takes the floor for rebuttal. He mentions that the respondent themselves contradicted their own submissions.

15:50 Speaker 2 of Respondent comes for sur-rebuttal and submits her contention.

VCR-4: 815 vs 822

13:50 After having faced some technical difficulties with one of the participants, which is a given in a virtual setup, the next round is finally in session.

13:54 The claimant begins with enthusiasm, laying down a structured roadmap and time division for her issues along with the time reserved for rebuttals.

14:03 So far, so good or did I speak too soon? One of the judges caught the speaker citing an authority which was in fact, not used by the team in their written memoranda. The look on the speakers’ face reflected she knew what was coming for her next. The judge asked if she was aware about the rule that requires oral pleading only on the basis of written memoranda. She quickly retrieved herself from the precarious situation by emphasizing or rather shifting the benches’ attention to the facts of the case law cited by her. It seemed like a good save and hopefully the bench takes it into consideration.

14:17 As the claimants’ merits speaker takes the floor, we lose her from the courtroom as she is facing connectivity issues. We can see her teammates’ getting anxious,thankfully, after a few minutes she is back and begins with her submissions. She comes across as a confident speaker unfettered by the hindrances faced by her prior to her submissions. However, her flow keeps getting interrupted, unfortunately not by the judges but because of the internet connectivity.

14:30 With a smile on her face and mannerisms constantly appropriate, the speaker summarised her pleading answering all the questions posed by the judges in the process. It is safe to say that no amount of technical hassles faced by the speaker could shake her confidence and spirit.

14:35 It is now the respondents’ turn to take the floor and make a strong case for their clients. The procedure speaker starts off by laying down the groundwork, to put it simply, explaining the intricacies of the procedural aspects of the case. The road map was crisp and clear, we could see one of the judges nodding their head, which ideally is indicative of a positive response.

14:40 The speaker is thrown off for a minute when the judges catch a loophole in one of her submissions. In order to retrieve herself from that situation, she uses a case law to put her point across, the bench does not seem quite convinced, but they ask her to proceed anyway.

14:42 Now we turn our eyes towards the last speaker of the round. It has been established that the judges are not particularly in the mood to grill today, however, give them a room for error and they would not let you go easily. Something similar happened with the claimants’ merits speaker. The judge caught her on a factual point of error which ultimately led her to concede.

14:52 Now that the pleadings have ended, it is rebuttal time. This is where the teams get the chance to make a final impact on the judges. Rising to the occasion, claimants used their one minute effectively. Respondents on the other hand did an average job sur-rebutting the same.

14:53 And the rounds are over! We shall see everyone on the other side for feedback.

VCR-5: 813 vs 823

13:50 After a refreshing lunch break, the session 5 begins smoothly. Now, the eyes are on the Speaker 1 of the Respondents while she makes her way to the podium to challenge the jurisdiction of the tribunal. The speaker seems to be in a flow and makes it hard for the judges to interrupt her. Good going so far!

13:55 Looks like the speaker 1 misled the judges when she claimed that she was challenging the jurisdiction. She now claims that she is not challenging the jurisdiction, but the locus standi of the claimants. This evidently annoys the judges as she is not sticking to one point.

13:56 “Don’t beat around the bush, Counsel. I asked you a simple question, give me a simple answer”!! Silence in the Courtroom.. This definitely stifled the Speaker. We hope she gathers herself together!

14:00 A debate starts on the necessity of three arbitrators instead of a sole arbitrator. The Counsel answers the same. The Judges don’t have any follow up questions. This concludes the Respondent’s arguments on the locus standi.

14:07 The Speaker 1 takes the floor and we must say, he is very clear, crisp and articulate with his submissions. He properly lays down a structure for the bench, making it more interesting and engaging. Great work!

14:20 The Speaker faces a good amount of questions and by the looks of it, he strives and is successful and is satisfying the judges in their concerns. He then concludes his submissions perfectly summarising all the reasons why there should be a sole arbitrator. His reasons have definitely convinced me, I hope the judges are convinced too.

14:22 Speaker 2 of the Claimants has to fill the shoes of Speaker 1 now. And may I say, he does justice to his side. His fluency and confidence is at peak. He begins with providing a roadmap for his submissions and issues. Little does he know that he won’t be able to stick to that little roadmap drawn by him.

14:29 Soon after he laid down his structure, he is derailed from it when a never-ending debate starts between him and the judges regarding the Hague rules. It’s now starting to look like the speaker is kind of satisfying the concerns, but thescore sheet will only say how convincing he was. Good luck to him for that. He respectfully requests for a 2 minute extension, and he is graciously granted the same. He sums up his arguments within a minute. He does that beautifully and fluently. The arbitrators listen to him intently without any further questions. So far, so good!

14:35 The Speaker 2 from the respondents starts! There is something unusual and amazing in her tone and the way she is speaking! It’s refreshing as it breaks the monotony. We love it!

14:45 “Judge: Counsel, you just can’t claim the defence that you have no hard proof for every other argument. You are making it a practice now. Ouch! That had to hurt.”

14:52 What seemed like a never ending round has finally ended. We now move to the rebuttals wherein The Speaker 2 from the Claimants very clearly laid down their concerns with the Respondent’s arguments and the respondents subsequently stand firm on their contentions.

VCR-6: 812 vs 814

13:46 Beaming smiles for a screenshot and the rounds commence with the Claimant taking the floor first, as the Respondents refuse to contest jurisdiction. A lag in the network does not dim the confidence of the first counsel, she proceeds calmly.

13:53 The counsel argues that IAA can overrule the SCMA in case of a conflict. “Where is the conflict?” The counsel doesn’t answer directly. “When does the lex arbitri overrule the institutional rules, and does it matter in the case of arbitrators?” The counsel responds by saying that this question falls within the realm of the discretion of the Tribunal. A network glitch pauses the proceedings and gives her some much needed respite in a grilling session.

14:00 With 2 mins left on the clock, the counsel’s train leaves the station of oral submissions, moving at a speed of 500km/hr. She concludes her submission on her first and final issue at the speed of 750km/hr.

14:04 The second counsel seems confused, she makes an argument on both contractual and non-contractual or tortious liability. The Tribunal tries to clarify the position, but to no avail.

14:06 The Tribunal is patient and calm, pausing the timer with every network glitch. The counsel musters through.

14:08 The Tribunal asks for a judicial pronouncement to clarify a particularly contentious position. She reads from her submissions to find a case law and tries to answer. The Tribunal points out that the question at hand and the ratio of the case deal with two different points of law. They let her proceed with her submissions but network problems continue to ruin the day.

14:12 After an extended interruption, the Tribunal sighs. The adept courtroom managers suggest the counsels to switch devices, since they were participating from the same window. The Tribunal also graciously accords an additional minute so that the counsel can compose herself and complete her submission in time.

14:19 The Tribunal asks whether they have the discretion to award non-contractual damages, being a Tribunal and not a Court of law. They wonder if it’s a discretion or excess of mandate. As basic as the question may be, the counsel is unable to answer and says that she would not be able to assist the Tribunal. It’s ironic that the counsel pleaded a request for relief that she isn’t even sure falls within the mandate of the Tribunal to award.

14:32 In the interest of equality of parties, the Tribunal grants additional time to the Respondent, equivalent to the Claimant. The counsel for the Respondent begins in a calm manner. His demeanor doesn’t waiver even as the Tribunal starts grilling him, 30 seconds in.

14:36 His confidence doesn’t take a hit, even though he is unable to answer the Tribunal’s questions.

14:41 Counsel: “May I ask the Tribunal to ask the questions after I have finished?” The Tribunal bursts out laughing, and so do we.

14:54 The counsel is unable to answer the concerns raised by the Tribunal. There is an awkward silence, with the timer ticking on the screen. The Tribunal finally politely asks the counsel to proceed.

15:00 The Tribunal questions the counsel, the counsel sticks to his point. He also presents an alternative argument. When the counsel is questioned on the first argument again, he sticks to his guts and the Tribunal prima facie seems to accept it. Slow and steady wins the race, as the Respondents seem to finish strong after a rocky start and a rocky middle interspaced with a few questions.

15:02 The counsel takes the additional time to add some arguments on the interest issue. His point doesn’t seem to apply in the context of the fact that the governing law is the law of England. When questioned by the Tribunal, he repeatedly states that the same was merely a point of persuasion and proceeds to the prayer.

15:06 Unlike Evergreen stuck at the Suez Canal for more than a week, much like the main round, the rebuttals were quick and to the point.

VCR-7: 802 vs 818

13:45 Speaker 1 from the side of the Claimants has started putting forth his arguments but is immediately objected to by the point of number of arbitrators to be appointed for the matter by the arbitrators themselves.

13:50 The speaker is fluently presenting his side on the point of applicability of Hague Rules. The arbitrators are unleashing questions of applicability of two rules and questioning whether damages can be claimed twice or not. The Speaker smoothly answers the questions with much compassion and steadily proceeds with his other arguments.

13:57 The arguments presented by the first speaker were succinct and comprehensive which did not attract many questions from the arbitrators and wrapped up his arguments with 5 mins to spare which is commendable.

14:01 The limelight has now shifted to the second speaker from the claimants side. The speaker is now arguing on the Bill of lading referring to the dates on which they received the same and is urging the Arbitrators to deliberate on the point of inequality in bargaining power.

14:07 The speaker is humbly requesting the arbitrators to put themselves in the shoes of the claimants to which the arbitrators have retorted that merely because a contract is onerous it doesn’t mean that it should be frustrated. The arbitrators and the counsel of claimants are stuck in a loop over the issue of bill of lading and the arbitrators refuse to get off his back regarding this issue and demand for citation of authorities.

14:11 The Claimants’ side have requested for some time to look up the questions posed by the arbitrators while the speaker is confidently walking the arbitrators through another pertinent authority which has been cited in the memorial and trying to explain his side using the same.

14:19 The arbitrator seems a little upset with the argument on the inspection report and has engaged in a discussion with the speaker. The spell of being stuck in a loop is finally over and the claimants were allowed to wind up their arguments concluding the same.

14:23 The first speaker from the side of the speaker has now taken the floor and is aggressively challenging the jurisdiction of the matter while directing the tribunal through significant parts of the memorial.

14:29 The speaker is now countered with questions from one of the arbitrators on the point of responsibility and liability of the respondents. It seems like the questions have taken up most of the time of the speaker and he is cut off by the arbitrators after his time has elapsed.

14:35 The baton has been passed on to the second speaker representing the Respondent side who is steadily strutting through his arguments citing substantial authorities on the point of liability of the respondents.

14:44 He is further explaining various common law doctrines incorporated by numerous jurisdictions in order to corroborate the arguments framed by him.

14:49 The speaker is now contending the quantification of damages claimed from them and have in turn orally introduced counter claims which the arbitrators didn’t allow considering that the same was not mentioned in the pleadings.

14:52 The second speaker humbly submits his prayer and wraps up his side following which the claimants pounce upon the respondents with their contentions in the rebuttal rounds and are citing significant authorities to strengthen their side. This is followed by surrebuttal rounds from the respondent side who pick at the loopholes in the claims made by the claimants.

VCR-8: 827 vs 821

13:50 The speaker for the Respondent begins aggressively.

14:04 After the Respondents are done addressing the procedural issue, the Claimant begins to prove the jurisdiction of the Tribunal. The speaker seems calm and composed and the judges listen eagerly. However, the connectivity issue seems to persist and the speaker struggles.

14:30 The Claimants face major connectivity issues and after multiple tries the team finally is able to complete its submissions. The Respondents take the floor to defend their stance.

14:53 With his courtroom etiquettes on point the speaker is adamantly putting forth his submissions. The lack of questions from the judges indicates a certain degree of satisfaction which also helps the speaker to maintain his flow. However, the inevitable perils of a virtual moot, the speaker starts facing connectivity issues.

14:53 The speaker faces continuous questions and answers all of them to the judges’ satisfaction. He seems to be extremely thorough with the facts and the legal position and is undoubtedly impressing the judges with his knowledge.

15:01 The speaker gets questioned about the damages and compensation, he begins by distinguishing them but then changes his stance by saying that they mean one and the same. The judge’s reaction makes it seem like the speaker was caught in a conundrum.

SESSION-4 ENDS

SESSION-5 BEGINS

VCR-1: 808 vs 812

16:13 The rounds begin with Speaker 1 for the Claimant laying down her preliminary issues before the Arbitrator.

16:21 Her first submission over, she now proceeds with her second one.

16:25 She finishes her submissions with a minute to spare and yields the floor to her co-counsel.

16:29 Speaker 2 for the Respondents is off to a smooth start and submits his first submission with no interruptions.

16:32 Speaker 2 has now been speaking for almost 5 minutes and the Arbitrators do not have any questions for him.He quickly makes 2 more submissions but the Arbitrators don’t engage with him at all.

16:44 Speaker 1 for the Respondents begins her submissions with a creative argument which has our Arbitrators raising their eyebrows at her.

17:00 The Respondents have finally been asked their first question. Speaker 2 answers the questions confidently but the Arbitrators don’t look satisfied. On the contrary, they’ve started looking annoyed.

17:07 It looks like Speaker 2 has committed a blunder by disputing the survey report itself. The Arbitrators grill her on this point while Speaker 2 faces an internet connectivity issue aggravating the pressure in the room.

17:13 Speaker 2 finally completes her arguments and the rebuttals begin. Speaker 2 for the Claimants begins with his rebuttals making one too many grand claims against the Respondents. The Arbitrators interrupt and thus, begins an interesting round of questioning and counter-questioning.

17:28 Speaker 2 for the Respondents tries to enumerate her points but is interrupted by the Arbitrators. She goes quiet but does not plead ignorance.

VCR-2: 820 vs 804

16:27 The Speaker 1 for team 820 has taken the floor and she appears all confident with her preparation.

16:40 The Speaker 1 from team 820 has managed to keep the Tribunal engaged throughout her rounds.

16:44 As the Speaker 1 ends her submissions smoothly, Speaker 2 from team 820 has taken the floor.

16:54 Very smart move by Speaker 2 from team 820 to seek an extension of 30 seconds upon realising that only 60 seconds were left. Afterall, prevention is better than suffering “collateral damage” for not being able to make submissions.

17:09 Speaker 1 from team 804 is a very articulate oralist as he defends his Respondents’ interest with artistic expressions further accentuated with his background filled with law books.

17:16 Although the speaker 1 was thankful to the judges for granting him an extension, it was rather his restlessness and anxious behaviour that could have possibly made the judges do so.

17:29 The Speaker 2 from team 804 has successfully submitted his arguments before the Tribunal amidst the internet issues. Unfortunately, we lost connection with him during his last 9 seconds. The Tribunal has decided to proceed with the Rebuttals from both sides owing to the paucity of time.

17:37 The Speaker 1 from team 820 has presented her rebuttals and she categorically addressed every issue argued by the Respondents. With the sur-rebuttals, Respondents representing team 804 have concluded their final submissions. Everyone now awaits the results for Quarter Finalists as the judges are almost done with their scoring.

VCR-3: 826 vs 824

16:28 All the judges and the participants are here in the courtroom.

16:29 With the permission of the Panel, Speaker 1 of Claimant begins his submissions. He seems confident.

16:32 Speaker 1 firmly submits that the sole arbitrator should be appointed.

16:34 As the Speaker 1 proceeds with the next issue, he provides a roadmap to his submission.

16:36 Speaker 1 convincingly submits that they are the lawful holders of the bill of lading.

16:40 Judge puts forth a series of questions to the counsel of claimants.

16:41 Speaker 1 while answering fumbles a little bit.

16:42 The panel grills the Speaker 1 on the issue related to the bill of lading.

16:45 Speaker 1 answers the questions asked by the panel and proceeds with the remaining issue.

16:46 Speaker 1 yields the floor and Speaker 2 starts her submissions.

16:47 The panel interrupts her by asking her to justify her contention on the tort of conversion.

16:49 Speaker 2 is a bit fast while arguing.

16:52 The panel asks the same set of questions on bill of lading to Speaker 2 that were unanswered by Speaker 1.

16:53 Speaker 2 answers the questions and proceed ahead with the next submission.

16:56 Speaker 2 continues her submission on the applicability of Hague Rules. She cites cases to justify her contention.

17:00 It seems that the Judge is not satisfied with the response given by the Speaker 2.

17:01 An extension 2 minutes is granted.

17:04 Claimant’s Speaker 2 summarises her arguments and leaves the floor.

17:08 Respondent takes the floor.

17:09 Speaker 1 begins her contentions, she seems confident.

17:11 Speaker 1 continues her explanation on the arguments by establishing that the cases referred by Claimant’s are not applicable in the instant case.

17:16 Speaker 1 submits humbly that a panel of three arbitrators should be appointed.

17:20 Speaker 1 has lost internet connection. The panel asks the host to note the remaining time of the Speaker 1.

17:22 Respondent’s speaker 2 takes the floor and continues on the remaining submissions. She seems thorough with her arguments.

17:31 Judge grills the Speaker 2 on the issue of temperature.

17:35 The panel has put forth a series of questions to Speaker 2.

17:37 It seems that the panel is not satisfied with the response given by the Speaker 2.

17:41 Speaker 2 concludes her arguments within the given extension of 1 minute.