• Live updates - 7th NLUO IMAM 2020

7th National Law University Odisha Bose & Mitra & Co. International Maritime Moot 2020- Live update

Updated: Aug 23, 2020


Virtual Oral Rounds - 20th August 2020 - 23rd August 2020

The National Law University Odisha welcome you to the Virtual Oral Rounds of 7th Bose & Mitra & Co. International Maritime Arbitration Moot (IMAM) 2020, 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!


20th AUGUST 2020

DAY-I

PRELIMINARY ROUNDS

Session-1


VCR-1: [723 (C) v 725 (R)]


VCR 1 updates begin!

10:03: Speaker 1 of team 723 begins. She seems calm and composed. She begins with explaining the facts.

10:13: The speaker 1 goes on very smoothly with her submissions. She is able to answer the questions very tactfully.

10:15: The judges seem satisfied with the speaker as she argues her way through the issues.

10:19: The Speaker 1 ends her arguments. No further questions are asked. The judges now look forward to listen to Speaker 2 of team 723

10:29: The speaker 2 gets lucky as no judge grills him and he swiftly puts forward his arguments.

10:33: It’s now time for Team 725 to put forward their submissions. Speaker 1 starts. She fumbles a bit initially but then picks up her pace!

10:53: Speaker 1 ends on a satisfactory note, with minimal grilling. The floor is now open for the Speaker 2.

11:03: The judge interrupts the flow of Speaker 2 . He questions the ability of the owner to escape the said liability. The Speaker takes her time and answers the question gracefully, without getting nervous. The judge interrupts her again and asks follow-up questions. The speaker fumbles a bit and answers hoping that it satisfies the judge. She seems unsure whether the judge has bought the answer!

11:16: The Speaker ends with the prayer. It’s now time for rebuttals! The claimant Speaker 2 shoots his arguments towards the respondents!

11:17: The respondents brace themselves to sur-rebut. They look confident!

11:20: The claimants seem to be in a flow with their rebuttals! They seem to have a lot of never- ending concerns. The judge has to finally interrupt the speaker to end the rebuttals.

11:30:The first round concludes right on time! Interesting and a satisfactory round in all!



VCR-2: [712 (C) v 717 (R)]


10:05 Round 1: Fact check- The Judge asks the first claimant speaker whether the malfunctioning element was the container or the vessel

10:22: C S2 tries to establish sufficiency of notice through the impugned correspondence based on 3 conditions laid in precedent

10:33: Ticking Tim- With 2 minutes left for the speaker’s allotted time, the C S2 is asked to read a clause and restructure his entire argument.

10:38: C S2 raises the ears of judges when he admits that their vessel was defective. Judges seek confirmation.

10:52: Judges grill R S1 on their due diligence measures, S1 struggles to convince that they’ve fulfilled their obligation to repair

11:11: The bench grows skeptical when the R S2 contends that notice provisions are optional and not a stipulation for the charterers.


VCR-3: [718 (C) v 702 (R)]

11:35: 718 C (S1): speaker speaks with utmost confidence and is explaining everything slowly (considering the online platform) He lays down all the issues and laws in a summary form. Other teammates listen on and respondents take notes.

11:42: Speaker knows his written submissions and case laws and is making judges take note of the same from their compendium.

11:45: A pretty cold bench! No questions?! 5 minutes left for the speaker 1 to present the arguments. Judges listening and taking notes, but no questions.

11:47: Speaker 1 ends well within time. Judge 1, not so cold anymore, starts to question. Speaker 1 takes the first question head on.

11:49: Speaker 2 begins. The stance of Speaker 2 is more calm and voice low than the Speaker 1. He too, like Speaker 1 lays down the issues and begins.

11:52: Courtroom seems pretty calm. Judges listen intently, however, still no questions! Researcher intently looks into all the notes and information. Speaker 2 makes judges take note of case laws in the compendium in a calm and soft demeanor explaining everything.

11:58: 5 minutes left. Speaker 2 raises a point putting respondents on their feet looking into their memos!

12:01: One minute left, counsel seeks extension to conclude his arguments. He puts forth the summary of all arguments emphasizing on the important words the judges should pay heed to.

12:05: Judges have no questions! Bench as cold as ever. But considering the interest shown in the arguments, maybe not so cold in perspective after all.

12:05: 702 R (S1): Jumps right into arguing that claimant's arguments have no standing! Confidence and affirmation audible, but not visible. Speaker seems to read through the memo and notes.

12:14: Brrr, is it cold! Speaker 1 of the respondent's reads through the memo. Claimant's researcher is charged with weaponry to rebut the charges of the Respondent's. Judge asks to clarify the jurisdiction points. Respondent 1 replies in full speed.

12:22: Counsel 2 starts in as a calm manner as Council 2 of the Claimants. Judges ask a factual question, Respondent goes on to explain the technicalities well.

12:26: Judges are alive! Technical Maritime questions are being thrown.

12:27: Judges catch the Respondent's arguments of buck passing. The arguments are on. Respondent Speaker 2 goes into explaining the reports and establishing itself as free of their liability

12:33: Respondent 2 seeks 1 minute extension to wrap up. The same stance of calm and composure as it was before seems to have been lost and respondent rushes to finish up her arguments. Meanwhile, claimants seem to be pretty calm waiting to charge on first command

12:36: Rebuttals begin. Judges give 1 minute relief

12:36: Claimants are on a roll. Respondent failed to establish the law, Respondent relies on cases not relevant. Respondent limits liability to which the applicable law does not apply. One has to look at the relevant documents together when enforcing the law. Respondent goes on a different tangent and "misled the tribunal". Claimants lashing out at full force.

12:39: Claimant is charged up and wants to speak everything in the limited time frame.

Sur-Rebuttal:

12:40: Questions revolve around the technical arguments of the Claimant and the judges are asked to note the Case Study. While the Claimant had hit hard on their legal approach, the Respondent is not shy to target their technical arguments. 

12:44: The Respondent question claimant's rebuttal on using the wrong law and responds by stating that it is an arbitration tribunal. The idea is to come to a fruitful conclusion and reference is not wrong.

12:47: The Round ends. Judges’ Caucus begins.




VCR-4: [704 (C) v 711 (R)]


10:11: The respondents and the claimants had a discussion as to who will go first, since one of the sides had also mentioned a procedural issue in their memorandum

10:11: However, they mutually decide that the traditional format will be followed and the claimants will go first.

10:17: 4 minutes into the round and the judges have begun the grilling session. Speaker doesn't look comfortable with pinpoint queries and offers vague answers which the judges are not buying

10:23: The judges let the speaker get into flow, only to throw another question that leaves the participant guessing.

10:29 Speaker 2 is confident, clear and concise in his submissions

10:30: Judges seem content so far, though it looks unlikely that the hot bench will let him go without questions.

10:32: The hot bench continues its grilling streak.

10:37 Another set of questions on point of law are thrown, the speaker wisely answers, dodges, and proceeds.

10:54: The first speaker from the respondents side looks comfortable and confident. She's trying to cool down the hot bench, taking her time and delivering her speech clearly and in a very polite manner.

11:02: The speaker is well versed with the problem and is able to assist the judges on every query

11:02: However, the judges don't seem fully content.

11:07: Speaker 1's precise and clearly delivered arguments come to an end. Her submissions and polite conduct seemed to have satisfied the judges to an extent.

11:11: Speaker 2 from the respondents side looks to establish his case beyond doubt, only to be thwarted by a logical fallacy in his submission. An explanation followed, however the judges explicitly registered their discontent and told the counsel to proceed with his other submissions.

11:18: In his concluding submission the respondent looks to have cancelled out the previous discontentment of the tribunal.

11:19: A very interesting timeline was pointed out, which the judges seemed to be impressed with.

11:23: An evenly contested proceedings come to an end, the tribunal seems to have their work cut out.


Session-2


VCR-1: [713 (C) v 719 (R)]


14:17: The Speaker from the claimants begin with her submissions. She begins very confidently, but little does she know she’ll be interrupted by the judges in the 2nd minute of her submission.

The judges are very confident with their counter questions and are not at all satisfied with what the speaker has to say for it.

To quote, “No speaker, we won’t accept this, unless you can prove or provide other documents in its support “

“Is it inadvertent or are you trying to hide it from us?” This line by a judge baffles the speaker and the courtroom!

14:45: “We have already told you that unless you provide any other document, we will not proceed”. Yet another argument rejected by the Judge.

The speaker is having a hard time proceeding with her submissions. The tension can be seen in the faces of her teammates, but it is commendable how well the Speaker is dealing with such a hot bench. She’s composed.

14:27- Just 3 minutes left for the speaker, but the Speaker has not been able to start with her planned submissions, considering she is being continuously grilled from the very beginning!

14:29- The speaker seeks extension of time from the judges. Judges grant her 3 minutes to wrap her arguments.

Speaker, “Should I stick to my second issue and wrap it up?”

Judge, “We’ve given you 3 minutes, counsel. Argue as you wish”

14:34: The time is up for Speaker 1. She tries for an extension, but sadly the judges are curt and don’t allow her the same.

14:35: The Speaker 2 starts, obviously a little nervous considering how his Co-Counsel was just grilled. His nervousness is justified as the same thing happens with him! 30 seconds to the speech, he is interrupted. “That’s a self serving statement, counsel. Where is the evidence?”

14:48: Judge- “I’m asking you a simple question counsel, where is it mentioned in the survey report?”

Speaker- “It’s not explicitly mentioned in the report, Sir”

J- “If it’s not EXPLICITLY mentioned, then how can you claim it, Counsel?”

S- “It is mentioned in the report, Sir”

J- “Counsel, you just told that it’s not mentioned. What do you want to say?”

S- “Mr Arbitrator, it’s mentioned in the summary of the survey report, and not in the report itself “

A sigh of relief from the speaker as he somehow collects himself and resumes.

15:04: The Respondents have the floor now! They’ve probably taken notes on how to deal with the bench by seeing the Claimants. The Speaker 1 starts and her speech is relatively less interrupted. She’s confident and insistent.

15:28: The judges just don’t stop grilling.

“EXACTLY our point, counsel. The fact that the issue has arisen, this shows the fault in part of the owners to take care and repair the vessel. Unless, you can give us any other explanation for the same, we would like to reason it this way.”

15:48: The judges don’t let the claimants breathe during the rebuttals as well! It seems like they are basically countering on behalf of the respondents!

15:51: “Just like the bananas have been rotten, our relationship with the customers have also been rotten” 713 Speaker 1



VCR-2: [722 (C) v 710 (R)]



2:04: First things first: C S1 starts off the round by discussing the sensitivity of bananas. A fruitful discussion follows.

2:17: C S1 points out lack of ‘best endeavours’ effort by lack of refrigeration and fluctuations in temperature. Questions of due diligence are raised.

2:21: C S1 points out the need for a higher degree of care required by their goods by preced