LIVE Blog | 9th NLUO – Bose & Mitra & Co. International Maritime Arbitration Moot 2022

For all the latest updates on the 9th NLUO Bose & Mitra Co. International Maritime Arbitration Moot, 2022 follow us on the SCC Online Blog.https://t.co/sIRzhpIgFE#nluoimam pic.twitter.com/QFdJ2YT1o6

— NLUO International Maritime Arbitration Moot(IMAM) (@NLUO_IMAM) March 24, 2022

VCR-1: 913 vs 924

17:40: The Courtroom is set, and the teams are ready. Session 2 of the Preliminary Round has begun in full swing in the courtroom, with an unbridled enthusiasm.

17:41: The first counsel begins with a brief narration of the facts involved in the dispute.

17:43: After the narration of facts, the first counsel laid down the structure following which claimants would present their issues.

17:44: Counsel is presenting her arguments in a very assertive and yet, understanding manner. This is helping judges to grasp the presented arguments with ease.

17:51: First counsel is already done with her arguments with minimal grilling before the completion of time. Now, the second counsel has taken the baton from the first counsel.

17:52: The courtroom largely has a calm and positive atmosphere with an agreeable approach adopted by the judges towards the counsel’s arguments.

17:54: The second counsel is having an elegant bearing over his arguments but somehow it seems that he is narrating the grounds verbatim, as in reading it aloud from something

18:00: The second counsel moves to the prayer. Claimants managed to put forth their arguments in a composed and timely manner and left with a time of over 3 min

18:01: The claimants concluded on a positive note, with only a few questions from the judges. The floor is now taken by the respondents.

18:04: After narrating the facts, first counsel started with the submission of their jurisdiction towards this court. It seems that the respondents are careful of every minor detail with which they can grab bonus points.

18:06: The first counsel started his arguments by relying on the particular sections of the respective act which therein bought him a series of question from the one of the judges.

18:11: The counsel is presenting his arguments by wholly focusing on the sections and specifically attracting the judges’ attention on pages of their presented compendium. In return, judges are also responding to counsel’s request in an agreeable manner.

18:13: A successful example of interaction with the judges? The counsel concluded his arguments with an ease and asked for the permission of judges to hand over the podium to the second counsel. The first counsel sets an example of courtroom etiquettes by successfully interacting with the judges.

18:17: It can be presumed that judges are getting convinced with what is presented by the counsel as there were no incoming questions from judges.

18:18: Counsel is using an effective approach in her presentation by relating each particular cited clause or rule with the facts of the present case and thereby justifying what she is presenting.

18:19: Judges found the grounds used by second counsel contradictory with what was presented by the first counsel, and questioned on the same contradiction.

18:20: The counsel fortunately convinced the judge with her explanation and proceeded with her second submission with the permission of the panel

18:21: Difference in Approach! It seems that respondents have presented their whole case on clauses and rules already existing and with a few judicial precedents, that also in the latter part. In contrast, claimants had gracefully used their cited judgements while putting forth their arguments.

18:23: The counsel proceeded with her last submission by effectively using her allotted time.

18:26: The counsel concluded her deliberations in a productive and timely manner.

18:29: As the rebuttals began, claimants are back on track, brimming with new energy and enthusiasm as they prepare to submit their arguments. They strike the very basis of respondents’ pleas and tried to negate the whole argument presented by the other party.

18:33: By taking full 5 minutes, claimants consciously highlighted every loophole left by the respondents during their arguments.

18:34: Following the intensive deliberations and minimal questioning, the courtroom is done with the rounds in the second session.

VCR-2: 920 vs 906

17:40: The stage has been set and all counsels are fiercely looking forward to submit their arguments before the esteemed tribunal.

17:41:The first Counsel has started off with impeccable confidence and is structurally covering all parts of the issues. The Counsel is building their case on the concept of party autonomy and citing authorities for the same.

17:45: The arguments are being submitted steadily without any interruptions till now, which shows that the judges have probably not been able to find any inconsistency in the arguments. The confident smile across the Counsel’s face shows that she is well-prepared and will not breakdown anytime soon.

17:48: The Counsel is now using the Doctrine of Equality to build on her case and is quoting landmark judgements for the same. Additionally, the Counsel has emphasized on the appointment of 3 arbitrators in the matter. The judges have not countered the first Counsel with any question.

17:51: The floor has been taken over by the second Counsel from the Applicants’ side now, who is vehemently advocating for the damages caused to the applicants as a result of the negligence on the part of the respondents.

17:54: The Counsel has been abruptly interrupted by one of the judges as the judge has a question on the Hague Rules. The Counsel looks shaken and a little nervous by the interruption and is fumbling for words to frame her answer. She has again been countered by another question fired from a Judge who is slowly shattering the confidence of the Counsel which was initially at its peak.

17:58: The Counsel is however seen commendably keeping her calm and slowly picking up her herself to answer the questions bombarded at her. Finally, after a pretty long discussion, the judge has been appeased with the answer of the Counsel.

18:01: The judge of VCR 2 is not one that can be easily satisfied and he has yet again impeded the pace of the Counsel by throwing more questions at her on the applicability of the Rules in the matter. These questions seem endless as the judge is constantly quoting the agreement between the parties and shooting more questions on the arrangement.

18:05: With 3 minutes left in hand, the Counsel is struggling to reach the end of her arguments and is acing her way through. There comes another question in the way of the Counsel regarding the quantum of damages claimed. The judge is reiterating his question as it seems that the Counsel was unable to comprehend the question and is babbling in a different direction. Maybe a bit of nervousness kicking in?

18:10: It’s no surprise that the time has elapsed with the Counsel still left with some parts of her arguments to be covered but fortunately, the judge has been kind enough to grant extension of a couple of minutes. Satisfying one specific judge would not be a cake walk for the second counsel as he is adamant on eliciting a response from the Counsel for a question she doesn’t have a concrete answer for.

18:15: It has been over 5 minutes since the time allotted for the second counsel of the applicant’s side has lapsed and yet the arguments seem endless. She has finally been warned and given a time window of only 3 seconds to wrap up and conclude her submissions.

18:20: The mic has now been passed over to the Respondents’ side and the first counsel is presenting her submissions with utmost care and diligence.

18:22: Within few minutes of start of the submissions on the Respondents’ side, the Counsel has been interrupted by a Judge who is questioning the application of the law and rules in the instant case. The answer given by the Counsel however seems to have quenched the Judge’s thirst.

18:25: The Counsel has been allowed to proceed to the next issue after she successfully argued on the appointment of a sole arbitrator in this matter. She has cited quite a few landmark precedents too in an attempt to establish her case.

18:31: Congratulations, you got congratulated in a moot round. Now that’s rare! Owing to the judge’s streak of unlimited questions, the Counsel’s time has elapsed and yet she has been granted an extension of another 90 seconds to answer a question spun at her. She has been appreciated by the panel for the brevity and accuracy of her answer.

18:36: The floor has been taken over by the second speaker from the Respondents’ side. the oral submissions have hardly started and the judge is armed with a lot of questions which have the potential to wreck the Counsel’s basis of arguments. The Counsel has yet been able to maneuver his way out.

18:44: A few more questions balled at the Counsel and the entire direction as well as structure of arguments is shattered. The judge pointed out that the answer given by the Counsel failed to satisfy his curiosity and lacked specifics.

18:49: The Counsel has finally been able to put forth his submissions for a couple of minutes without being interrupted by the Judge and has sought permission to present his prayer but has been countered with another question. The Counsel is seen floundering in the pool of questions.

18:53: The Counsel has been granted an extension of a couple of minutes so that the Counsel can comfortably present their prayer.

18:57:The limelight has now shifted to the applicant side again for the rebuttal rounds and the Counsel is seen contending the arguments of the defendant on the ground of priority given to certain clauses over the rest.

19:00: It seems like the respondent side was caught off-guard by the applicant side with their set of questions. Additionally, the Counsel of the Respondent has been countered with questions from the judge too. The sur-rebuttal rounds have finally been concluded with a blast leaving a smile of contentment on the face of the judges.

19:05: The judges have been sent to a separate room for deliberation and all the participants are eagerly looking forward to the feedback session to hear about their performance. With the feedback session completed, this fruitful session has also come to an end. This battle has witnessed a very satisfactory end and has raised bars for all the other participants.

VCR-3: 923 vs 905

17:43: After a slight delay owing to network issues from several sides, oral rounds of session-2 have finally started and the first counsel from claimants’ side begins with their submissions

17:48: The counsel completes their first limb of submissions smoothly without any clarifications being sought by any of the judges

17:52: The counsel seems to be performing in an extremely convincing manner as there has been no questions from the judges

17:53: The judge asks the first question regarding what seaworthiness means which baffles the otherwise confident counsel but they quickly recover from it and answer appropriately

17:57: The counsel seeks an extension of 1 minute in order to conclude their submissions which was granted by the judge

17:59: The second counsel for the claimants begins their submissions dealing with issues 3 and 4 respectively

18:01: The counsel begins with their submission as to why Cruze is liable to Caspian under two laws – Contract Law and Tort Law

18:08: The counsel has been unfortunately struggling as the judges face severe network issues causing such delays.

18:11: As the judge joins back, the counsel resumes with their argument directing the panel to para 3 of the case study regarding how the loss has occured and how the duty of care has been breached by the Cruze itself

18:15: Donoghue v Stevenson makes its way everywhere! The counsel yet again focuses on the essentials of the duty of care and further moves ahead to establish the three essentials in great detail using the case law of the infamous Donoghue v Stevenson

18:20: The counsel proceeds with their last submission regarding how the damages are to be decided after getting an extension of a minute.

18:22: The first counsel for the respondents begins with their submissions regarding issues 1 and 2 respectively

18:25: The counsel draws the attention of the arbitrators towards para 10 of the issue, substantiating that IAA rules will always be considered over institutional rules

18:28: The counsel further submits that the respondents are not liable for a breach of duty, moreover they plead that firstly, the Hague rules won’t apply ex proprio vigore and secondly, even if it does it will not prevail over tailor-made rules

18:35: The second counsel for the respondent side begins with their submissions dealing with three contentions regarding the liability of two defendants

18:46: The counsel proceeds with their last submission regarding how the damages are to be decided after getting an extension of a minute.

18:47: The counsel is able to complete their submissions smoothly as no clarifications were sought by the panel.

18:59: Both the counsels smoothly concluded their rebuttals respectively and the judges look pleased.

19:25: The rounds are over as both the teams received feedback from the respective judges.

VCR-4: 925 v 919

17:32: Session started! Let’s see if the participants are as refreshed as we are after the break.

17:33: The first speaker from Team 925 (claimants) has taken the floor.

17:35: After a brief recap of the facts, the Speaker has now started going through his arguments with commendable grace.

17:39: The Speaker was proceeding with significant flair, but was interrupted by the Bench with a very basic question with respect to the moot: “Is this an institutional arbitration?”

17:40: And concessions have already started! The Speaker answered that it was an ad-hoc arbitration and not an institutional one, but when cross questioned by the Bench, the speaker conceded pretty quickly.

17:42: Even though conceding to the Bench on a point, prima facie, may seem like a sound way to save time, in reality it does just the opposite! From the looks of it, the Bench seems to have squared down upon the institutional or ad hoc point and does not seem to be in any hurry to proceed to the next argument!

17:44: The questions coming the way of the Speaker now pertain entirely to the SCMA rules – from full form of SCMA to individual provisions, the Speaker seems to be in quite a tough spot, having to address all sorts of questions only on the SCMA rules!

17:47: Every time the Speaker regains his composure, the Bench throws another mind boggling question at him on the SCMA rules! However, it should also be noted that the Speaker is maintaining his cool despite the aggressive questioning by the Bench.

17:53: The Speaker needed a little more time to make his submissions, even after taking an extra 5 minutes. It was granted on the condition that the time taken by the Speaker would be deducted from his co-counsel’s speaking time.

17:57: Apologies or Arguments? The Bench continues to go very hard on the Speaker, ultimately pointing out that there were more apologies than arguments from his part. It is remarkable that the Speaker didn’t lose his composure even after that particularly caustic observation made by the Bench.

17:58: The floor has now been taken by the second speaker from Team Code 925.

18:01: The Bench requires the Speaker to establish that the Hague Rules are applicable because that is something the team still needs to prove.

18:03: The Speaker seems to be struggling in the face of the calm but the Bench keeps throwing complicated questions at her.

18:10: The Bench is not cutting any slack to any speaker so far! But truth be told, the Speaker is not all that flustered with the violent questioning and seems to be handling the situation pretty well!

18:12: The Speaker was given the grant to proceed with her second submission since, as the Bench correctly observed, the first submission, subsequent questioning and the respecting replies were eating up too much of the Speaker’s time.

18:14: The Speaker requested for 2 extra minutes and was granted the same by the Bench.

VCR-4: This is IMAM, not IMM: The Bench jokingly pointed out to the Speaker that they were not in a mediation and were not under any obligation to agree with her! #nluoimam

— NLUO International Maritime Arbitration Moot(IMAM) (@NLUO_IMAM) March 24, 2022

18:19: The Speaker contended that the Hague Visby Rules are applicable, and was immediately pounced upon by the Bench who insisted that she provide a case law to substantiate her argument, going as far as to declare that they would give her the argument to her if only she could provide just one argument in her favour. Unfortunately, the Speaker argued on the point of ambiguity and couldn’t provide a suitable case law in her favour.

18:27: The Speaker proceeded to her Prayer, however, the Bench categorically declared that though they didn’t have any more questions, they were not convinced by the team’s arguments.

18:29: The first speaker from Team Code 919 takes the floor now.

18:34: Looks like the Bench has decided to give all the Speakers a particularly bad time! The Speaker tries very hard to convince the Bench of his arguments, but the Bench seems to be absolutely against everything the Speaker is trying to propose and refuses to be convinced easily!

18:39: The Courtroom atmosphere is getting more heated by the minute! The Bench refuses to see the Speaker’s point, the Speaker refuses to see the Bench’s point!

18:42: “Counsel, are we correct in understanding that you are representing both the Carriers?” The Bench asked the Speaker, to which the latter said yes. But the follow up was trickier than he expected it to be and the Bench had the upper hand right then!

18:47: The Speaker managed to get himself an extension but does not seem to be able to convince the Bench and the Bench keeps throwing more and yet more complicated questions at him!

18:55: Speaker 2 takes the floor now.

19:02: The back and forth questioning and answering continues between the Bench and the fourth Speaker of the round, which amazingly, the Speaker handles with astonishing flair and a smile!

19:09: With the arguments going strong on the sea worthiness or the un-sea worthiness, the Speaker, in the midst of all this, has managed to get an extension of 3 minutes! But looks like most of the extension time will go into the questions that the Bench is propelling at him!

19:17: The Speaker seems to be able to convince the quite well, considering the general trend of the Courtroom.

19:19:The two teams mutually agreed to not engage in the rebuttals or the sur-rebuttals, so the moot round essentially came to an end here itself. With this, we take a short break and we will be back for our third session later this evening.

VCR-5: 910 v 909

17:30: Round begins after the break with full enthusiasm in reciting the facts by the claimant

17:36: The counsel leads the tribunal through their written memorial referring to the UNICTRAL rules and the SCMA rules in particular.

17:39: The bench questions the counsel on why the SCMA rules should prevail over the other rules mentioned. The counsel is further questioned on Section 32 of the SCMA rules and its relevance in the current dispute

17:43: The counsel submits that English Law governs the contract and under English Law, the Hague Rules mandatorily apply.

17:49: Are we seeing a relay race here? The first counsel for the claimant happily passes on the questions asked to them to their co-counsel and stands down. The bench promises to ask these questions to the co-counsel. The counsel silently wishes luck to their co-counsel to deal with the bench’s grilling!

17:52: The co-counsel takes forward the enthusiasm shown by the first counsel and begins with their submissions

18:00:The counsel is questioned extensively on the applicability of the Hague Rules on states that are not party to these Rules. The Bench opines that even if the parties intend for the Hague Rules to apply, if the countries are not party to these rules, these rules cannot apply.

VCR5: Internet Explorer in Courtroom? In an amusing situation, the counsel pauses for 30 seconds while answering a question and the judges ask the counsel if they are waiting for their internet page to load to answer their question! #nluoimam

— NLUO International Maritime Arbitration Moot(IMAM) (@NLUO_IMAM) March 24, 2022

18:10: The counsel is questioned on whether the addendums were not approved by the claimant at the time of the contract.

18:14: The counsel for respondent is visibly nervous after the thorough grilling of the counsels for respondents. They begin regardless.

18:20: The counsel’s fears have come to life, where the judges have grilled them on where the procedural law prevails over the procedural rules. The counsel stands down having three minutes of time left.

18:24: The counsel on behalf of respondent seems more confident, and deals with the issue of applicability of the Hague rules.

18:26: The counsel carries on the streak and deals with questions calmly and submits relevant authorities to the bench.

18:33: After three minutes of confusing questioning and equally confusing answers, the judges finally understood the submissions of the counsel with regards to the applicability of the Hague rules. The judge laughingly praises the counsel for their language.

18:40: The counsel seeks an extension of 3 minutes to conclude their submissions.

18:45: The claimants now proceed with the rebuttals after a heated 5 minutes of grilling by the bench.

18:50: The round concludes peacefully, with calm sur-rebuttals by the respondent.

VCR-6: 921 v 911

17:32: Welcome back from the break! The rounds have commenced on time!

17:33: It’s not even been 2 minutes and the judges have already begun a line of questioning on the amount claimed and on the facts of the case.

17:35: The counsel has begun presenting his points and in spite of being questioned about the case’s complexities, he proceeds with confidence.

17:40: Troubles brewing already? With unfettering zeal, the counsel explains how there is a liability on the part of the first defendant to provide a seaworthy vessel. However, after the judges pointed out the loopholes in the legal arguments put forth by him, the counsel’s initial confidence seems to be fading.

17:43: The counsel relies extensively on the Hague rules. Time seems to be running out when the counsel is asked to read a specific rule. The judge steps in and saves the day by saving precious few minutes by reading it himself.

17:45: With just a few seconds left, the counsel attempts to redeem himself by presenting all the relevant Hague rules at his disposal to make his case stronger.

17:48: The Hague rules have a central role in the counsel’s arguments. The judges’ questions pour in and they seem satisfied with the counsel’s answers as he argues his way through all of these questions.

17:52: The second speaker takes the floor now. He first states that he will establish that being a sub-bailee, the second defendant was under a contractual obligation to provide a seaworthy vessel and then that they are not exonerated from their liability.

17:54: The judges pointed out and asked the counsel about numerous legal technicalities, prompting him to come up with a number of compelling arguments. The counsel provided detailed responses to the judges.

18:04: The judges posed multiple questions to the counsel regarding how hurricane is not a common weather phenomenon which were answered by the counsel in a not a very convincing manner.

18:06: The counsel seems perplexed after being questioned on the concept of seaworthiness. The counsel concedes.

18:09: Just like the first counsel, the second speaker also speaks extensively about the applicability of the Hague rules. When asked about unilateral incorporation of a specific rule, he contends that it was incorporated by the consent of all parties.

18:11: Having exhausted his time, the speaker was granted an extra minute by the judges to summarise his arguments.

18:12: The counsel representing the respondent begins.

18:17: The counsel seems unfazed in spite of being grilled by the judges about the crux of her contentions. She succeeds in maintaining her calm demeanour and the judges seem satisfied by her answers so far.

18:18: The counsel puts forth her arguments. The judges do not seem all that convinced right now with these arguments and ask her to move on to the second issue.

18:21: The counsel has been confident in her responses, and the judges have been impressed by her advocacy skills, but the legal technicalities of her arguments have been questioned.

18:24: The counsel starts rushing, given that her time is going to be exhausted soon.

18:25: Time has run out but looks like the counsel cannot escape the judges’ grilling without giving satisfactory answers.

18:26: The counsel continues citing cases although her time is up. The judge interrupts her to question which clause will prevail in the Combicon bill of lading.

18:29: The counsel seems to be unsure about a specific case but her teammates come to her rescue and she gets back on track with her line of argumentation.

18:31: The second counsel steps in to proceed with the rest of the arguments. She starts with establishing how she will be advancing her arguments.

18:32: Wrong Name but Right Arguments! The counsel is thrown off by the questions and addresses herself as the counsel for the claimant. She is corrected by the judges and is visibly nervous.

18:34: “Your stance is conflicting”, the judges point out. The counsel justifies this by stating that there is a printing mistake in the memorial. The judges do not seem impressed at all.

18:37: The rounds come to an abrupt halt since one of the judges faces technical difficulties and loses his network connectivity. The counsel sees this as an opportunity to skin through her arguments again to ensure that she’s thorough in all of them.

18:40:The counsel doesn’t seem very confident. The judges are also not on the same page with the counsel and question her further.

18:41: The judges don’t seem to be convinced by the counsel’s arguments. ‘There is a clear breach of your obligations!’ Nevertheless, the counsel tries her best to stand her ground.

18:45: The counsel is unable to substantiate her points very strongly. The judges do not seem to find credibility in her legal representations. The judges also have to patiently explain several questions to the counsel since she’s unable to comprehend them promptly.

18:46: The speaker is clearly struggling and having a tough time coming up with relevant cases to substantiate her case. She informs the judge of the lack of availability of any.

18:50: The counsel comes to the end of her submission. The judges do not seem impressed.

18:51: Somebody has been attentively listening to the respondents! The rebuttals begin. The counsel ruthlessly decimates the credibility of the respondent’s arguments. There is a lot of debate on whether the word ‘shall’ should be interpreted as ‘must’ or ‘may’.

18:53: The sur-rebuttals seem rather dull as compared to the rebuttals. The counsel herself does not seem very sure about them and takes a fairly large amount of time to put a single point across. A lot of questions were left hanging.

18:56: The judges discuss the shortcomings of the legal arguments put forth by the teams in order to be able to provide detailed feedback to them.

19:00: With this, the judges gave valuable feedback to the participants and we reach the conclusion of the second session of today’s oral rounds

VCR-7: 904 v 916

17:30: Welcome back everyone! It sure seems like the applicant has come refreshed as she begins with her submissions regarding the formation of the Arbitral Tribunal with very high energy.

17:32: The first question which comes the way of the counsel is the dilemma between applicability of SCMA Rules or International Arbitration Act in the present case. The counsel handles the question beautifully, while pointing towards cited authorities to back her arguments.

17:42: Due to the paucity of time, the counsel is asked to summarise her arguments in 30 seconds. The bench appears to be adhering to the time strictly now.

17:43: Co-counsel takes the floor. He first addresses the question regarding liability of defendant.

17:45:The counsel submits that Hague rules takes precedence over any other contractual obligations. When asked to present authorities for the same, the counsel was confidently able to convince the Tribunal with the cited judgement.

17:48: Inconsistencies cropping up! While the first speaker submitted that the contractual obligations will prevail over the law, the second speaker stated that the law prevails over the contractual obligations. The Tribunal questions on the standing of these contradictory statements being made by the counsels for the Applicants.

17:50: Having beautifully argued to clear the position of the Applicant party on the contradictory statements made before, the counsel proceeds to the next argument regarding the damages to be paid by the defendant to the aggrieved Applicant.

17:53: The Tribunal puts forward a tricky question as to why the Applicant wishes to seek restitution as a damage and not compensation. As a reply to the same, the counsel explains the same by clarifying that they are seeking restitution ad integram as a remedy.

VCR-7: “Arbitrators are creatures of contracts” exclaimed the Tribunal. He stressed on the fact that they do not have power to strike down obligations like a court.#nluoimam

— NLUO International Maritime Arbitration Moot(IMAM) (@NLUO_IMAM) March 24, 2022

17:58: The counsel submits that the other Tribunals have struck down provisions previously, and so the present Tribunal must consider the same with respect to the liability limitation clause and ordering for the appropriate remedy.

17:59: Continuing to stick to the time limit, the counsel is asked to briefly conclude his submissions in 30 seconds.

18:01: The speaker for the respondent begins with her submissions. She first submits that the International Arbitration Act prevails over the SCMA Rules. The Tribunal questions on the unclear stance of the counsel on the number of the arbitrators and the default position of the law with respect to the rules which will prevail to govern the issue. The counsel is visibly perplexed, and is unable to convince the Tribunal regarding her submissions.

18:08: The counsel assures that if left with time in the end, she would return to the queries of the Tribunal on this issue and would be more than happy to assist the Tribunal.

18:09: The counsel now proceeds to the next issue on the question of liability.

18:10: The Tribunal questions one of the authorities cited by the counsel pointing that the case being cited is a bit different than what the counsel states. The speaker clarifies the same, and comfortably moves forth with her submission.

18:15: Proceeding further, the counsel now moves on to the question of the quantum of damages. For the same, reliance is placed on the Hidalgo Bill of Lading.

18:17: The counsel rests her case, and the co-counsel takes over. She begins by addressing the conflict of laws in the present case.

18:24: The counsel sails smoothly to her last submission regarding the liability of the defendants and the quantum of damages. She is able to establish her argument with appropriate authorities.

18:30: Further substantiating arguments for the respondent, the counsel concludes by establishing that Bill of Lading overrides the Hague Rules.

18:32: The rebuttals begin by the Applicant outrightly refuting all the arguments given by the Respondents. The rebuttals made were to the point, and catered to all the submissions made previously by the opposing counsels.

18:38: The respondent party, in their sur-rebuttals, relied on the seat of arbitration being Singapore and therefore establishing that International Arbitration Act will be applicable. The counsel also clarified that they are not arguing the complete non-applicability of the Hague Rules.

18:39: The rounds ended successfully with the parties having presented their arguments to the best of their abilities.

VCR-8: 918 v 922

17:37: The judge starts with a question on whether the tribunal has locus standi but the speaker refuses to engage on the question and instead continues with their submissions. Quite a nervous start to the rounds after the break.

17:42: The counsels have a long way to go! The judge interjects with another question asking whether this is a validly constituted panel and can thus hear the dispute. A long pause ensues. The panel looks to be quite a tough one to impress.

17:44: Buckling under pressure? After bouts of complicated badgering by the panel, the speaker is finally forced to concede on the first issue.

17:49: The first speaker from applicant’s side finishes 5 minutes before time. Were they in some sort of hurry?

17:56: The second speaker engages in a classroom discussion of tort law and bailment in contracts eliciting a critical look from the panel.

18:12: The first speaker from the respondent side argues on the issues of composition of arbitral panel, and whether they are liable for maintaining seaworthiness of vessel. The bench appears to be not asking that many questions in stark contrast to the first half of the round

18:19: The second speaker argues on issues of their limited liability and quantum of compensation. The counsel’s constant requests for permission to move on to other issues elicits a mildly annoyed response from the panel.

18:27: The Applicants present their rebuttals and try to undermine the respondents’ arguments but the panel seems unsatisfied.

18:29: The respondents present their sur-rebuttals laced with accusations on the applicants marking the end of the rounds.

VCR-1:911 vs 906

20:06: The Courtroom is set, and the teams are ready and we are back with Session-3. The Preliminary Round has begun in full swing in the courtroom, with an unbridled enthusiasm.

20:07: The first counsel started by laying down the structure of their submissions before proceeding with substantive arguments

20:08: The counsel presented her submission concerning the jurisdiction aspect of the case and found herself in the series of questions from one of the judges of the panel.

20:11: The first counsel answered the questions and clarified the doubts of the judge in a graceful manner as if she was waiting for the particular question to be asked upon and it seems that the counsel is succeeding in convincing the judge

20:13: After laying down the factual as well as the statutory context for her justification against the question, the counsel puts forth her arguments by citing the judicial precedent too which further shows her preparation level for the incoming questions.

20:16: One of the judges is busily endeavoring to analyze the arguments of the counsels, and pouring the questions on factual context as well as on the legal context.

20:17: Without losing her calm, the first counsel is consciously listening to every question and gracefully responding by putting their grounds

20:19: TIME’S UP! Despite maintaining the upbeat atmosphere in the courtroom while putting forth her arguments, the first counsel loses the stance over her time liberty and now time is up.

20:20: One of the judges seems to be very impressed with the answers and the clarity of concept displayed by the first counsel. They further gave her extra time of 2 minutes to complete her argument.

20:22: Despite the time being up, questions still remain and the judge is now interrogating the counsel by asking them a series of questions in rapid succession. Meanwhile, the counsel does well to retain her composure.

20:24: Counsel further got the extension of 2 minutes and by relying on the judicial precedent, she tried to clarify the inquiries put forth by the judge.

20:26:The counsel concludes on a positive note, with the series of questions from one of the judges. The floor is now taken by the second speaker.

20:28: The second Counsel is presenting her arguments in an assertive manner by relying on the clauses of the particular act. This was immediately followed by questions from the judges, asking her to justify her state in the present case.

20:30: The counsel is confidently answering the enquiries of the judge. She is able to stay calm and composed in the courtroom and it seems like nothing can faze her right now.

20:32: The counsel is further enhancing the status maintained by the first counsel by deliberately answering each and every enquiry. The claimants may end up retaining some bonus points from judges for this significant improvement in courtroom ethics.

20:35: One of the judges seems to be satisfied with the presentation of her grounds and asked her to proceed with the second argument. But the point which isn’t get noted is that the second counsel asked to proceed with the “second defense” which if marked by judges can cost her points.

20:38: One of the judges encircled the second counsel with an array of questions and asked her to put forth some clarity in her arguments

20:40: TIME’s UP and the second counsel did not ask for an extension of time.

20:44: The second counsel is clarifying each and every enquiry of the judges in a balanced and prepared way. After intensive deliberations and questioning from the judges, the second counsel successfully completed the claimants’ case.

20:46: Respondents have now taken the podium and they have started presenting their stand in an elegant and professional manner.

20:47: The Respondent speaker has stated in a self-assured manner but the judges have been fairly active in asking the questions.

20:49: First counsel presented her answers in an assertive manner and deliberately attracting the attention of judges towards her assertions.

20:53: Fantastic display of composure! The way the first counsel is handling the incoming series of questions from the judges, it is reward worthy!

20:56: The Counsel is well versed with the judicial precedents as well as the clauses of concerned Act concerning her case. This can be seen with her elegant bearing and command over the arguments she is presenting.

20:59: The judges asked the counsel to repeat her stance over SCBA rules, to which Counsel presented her position ended with the satisfaction put forth by the judge

21:01: Counsel finished her part of arguments and asked the second counsel to take the podium.

21:02: The second counsel started his grounds by specifically clarifying the set of issues he will be dealing with, which further added to the clarity in response to the questions posed before him

21:04: Judge asked the second counsel to put his stance over ‘Special Clause’ aspect.

21:06: The counsel moved towards his grounds with the level-headed bearing in his assertions and victoriously satisfied the judge in his inquiries.

21:08: The counsel seemed very focused on whatever enquiry is put forth by the judge and preventing himself from missing the track of conversation.

21:10: The counsel is deluged with a number of question but he is still maintaining his calm and has not fazed out with questions coming in from all directions.

21:11: Before answering any question, the counsel makes sure that he understood the concerned context that the Judge has asked him to deliberate upon by repeating back the question of judge in a succinct way.

21:13: The Counsel proceeded toward his third ground by pleasing the judge with his stand after questions were raised regarding that ground.

21:18: The counsel seems to be very clear in his arguments and he is constantly trying to make the judge understand his points.

21:21: Time’s up! But the Counsel is engaged in presenting his stake and has managed to convince the judges to recognize his stance, without asking for time extension. Clever way of bargaining time, we must say!

21:24: The counsel completed his arguments but the queries of one of the judges isn’t completed with their questions. This is making this round more and more interesting.

21:26: We will now move on to the rebuttal and sur-rebuttal session following some very thorough deliberations and counter-questioning.

21:31: Rounds have been completed successfully. Judges have gathered in the judges room to discuss the marking scheme and feedback that will be provided to both teams.

VCR-2: 916 vs 905

20:05: The battle round 3 has begun with the first counsel from the applicant side taking the lead and is presenting the facts of the case concisely. She has now proceeded to challenging the number of arbitrators that should be appointed in this particular case.

20:09: Things have kicked off to a rocky start! The Counsel is carefully framing her arguments however the judges find the authorities cited vague and demand for more particulars and specifics of the authority. The answer given by the Counsel seems to leave the judges baffled and they seek for more clarification but seem disappointed given the ambiguity of the answer.

20:14: The judges look in full form and are prepared to throw questions at the Counsel. The Counsel has now been interrupted by the judge on the Liability and quantum of damages on the basis of HVR. The Counsel seems impatient to conclude her submissions and pass the baton to the second Counsel.

20:20: The baton is being carried by the second Counsel who is steadily walking through her arguments carefully drafted on the liability as set out under the Hague Rules.

20:25: The Counsel is now aggressively and firmly advocating for the applicability of the HVR in the particular case citing certain English law cases along with the Bill of Lading which mandate the applicability of such rules .

20:28: The issue of the quantum of damages as claimed by the applicants is now being presented and pondered upon. The judges have not yet interrupted the Counsel to counter any of the arguments made so far by the second counsel. There comes a query, every now and then, from the judges who are questioning the entire basis of damages claimed given that the market value has not been specified anywhere.

20:34: The time period allotted to the Counsel has come to an end but her spirit has not. She has sought an additional time window of 30 seconds to wrap up her arguments and has successfully completed the same.

20:37: The focus has now shifted to the Counsel of the Respondents who is briefly outlining the arguments and issues she intends to cover in the time allotted to her.

20:40: The Counsel is seen quoting an English judgement to emphasize on the venue or seat to be taken for this particular case. The judges however seem a little put off by the reliance of the Counsel on a particular authority which has thoroughly confused them.

20:48: The floor has been passed on to the second counsel now who is primarily arguing on the quantum of damages for the second defendant claiming that the Hague Rules cannot be made applicable and cannot be made mandatory either.

20:54: One of the judges has taken the lead and posed a question on whether the parties can contract out of the Bill to which the counsel answered in negative.

20:58: The counsel is harping on a landmark precedent which is quickly countered by the judge who does not seem satisfied with the details of the authority of the case and is demanding for more. The counsel does not have a prompt answer to the question and has requested for a minute to get back on it.

21:03: There is a creative turn in the course of submissions presented by the Respondents’ counsel who is extensively talking about implied consent of the parties involved in the case.

21:05: The Counsel is not limiting her arguments to just her memorial but is urging the judges to refer to the memo of the claimants too and is contending the same on the basis of lack of fact and proof. Additionally, the Counsel has come up with the answer to the question which was posed to her earlier by one of the judges and the same has been satisfactorily accepted by the judge.

21:08: The battle of rebuttal has commenced where the Counsel of the Applicants is firing at the Respondents saying that their stance is not clear and that they are just shifting blame to save their side.

21:11: The respondent side seems to be well-prepared with answers to the queries put forth by the claimants in the surrebuttal rounds.

21:15: The verbal battle between the parties has come to an end but the judges are in a fix deciding which side outweighs the other. There is no denying that both the sides put foth their best cases and fought tooth and nail to grab a place for themselves. With that, we come to an end to first enthusiastic day of the preliminary rounds of 9th IMAM. We hope to see the participants fight out their sides with more vigour and energy in the following days of the event.

VCR-3: 919 vs 922

20:08: The counsel for the claimants begins with their submissions stating the four contentions they will argue upon.

20:09: The judge asks the counsel to summarise the facts of the case in only two minutes

20:10: The judge asks the counsel regarding what further steps they will take if this particular issue regarding the arbitration fails. This fazes the counsel into utter and shocked silence

20:13: The judge continues with their query by asking for clarification regarding the definition of substantive law its distinction from procedural law. Much to the disappointment of the judges, he counsel could not deliver a satisfactory answer

20:16: The judges do not agree with the interpretation of the statute quoted by the counsel with no further substantive backing. In response, the counsel pleads to respond to this question later.

20:18: Due to the paucity of time, the counsel skips to the last limbs of their argument regarding deciding the liability of the defendants

20:19: The judge asks the counsel to relay their arguments primarily on the facts of the case rather than the law backing it up

20:21: The counsel seems unfazed even after the chain of questions put forth by the judges and the counsel smoothly puts forth their last limb of submissions

20:23: The judge continues to question the counsel regarding the facts of the issue about the diligence of the claimant itself. This throws off the counsel and the counsel is visibly shaken because of this intervention by the judge.

20:26: Who am I representing? What am I doing? The counsel is unable to respond to the question asked by the judge regarding who the counsel is actually representing – defendant 1 or defendant 2

20:27: The counsel makes a final attempt to satisfy the judges after getting a considerable period of extension in addition to the allocated time

20:29: The second counsel for claimants makes their submissions regarding issues 3 and 4 respectively.

20:31: The counsel attempts to establish sub-bailment in order to establish liability and the judges seem to consider this response satisfactory

20:33: The counsel furthers their submissions stating that the burden of proof is on the defendants in this particular case citing the Hague rules. However, the judges ask for more clarification as they are not convinced with the counsel’s argument.

20:36: The counsel stands confident amidst a chain of questions thrown in their way by the judges

20:37: Even after several attempts made by the counsel to establish the relevance of the Hague Rules in the two bill of ladings, they fail to give a satisfactory answer to the judges

20:39: The judges continue to quiz the counsel regarding the particular clauses mentioned in the bill of ladings

20:53: The counsel clubs the multiple questions asked by the judges regarding the need for a sole-member arbitration tribunal but fails to provide any merits for their arguments

20:57: The judge points out towards the contrasting arguments provided by the counsel regarding the SCMA rules and Hague rules which throws off the counsel a bit

21:00: The judge asks the counsel regarding the doctrine of approbation and reprobation but the counsel was unable to answer

21:06: The arbitrator asks the counsel to provide for a similar case where the Hague laws were not applicable to which the counsel responds with detailed arguments stating two precedents but the judges do not consider it as a satisfactory answer and consequently continue to quiz the counsel

21:09: Even after several attempts to clarify their arguments, the judges still consider the counsel’s case weak and contradictory to some of their own contentions

21:13: The second counsel for respondent begins with their submissions

21:21: The judge asks the counsel to state the relevance of the specific clauses given in the bill of lading. In response, the counsel managed to give a satisfactory answer

21:23: The counsel directs the panel’s attention towards the case study to point out when exactly the loss occured which resulted in no liability for Respondent No. 1

21:24: The judges though, do not agree with the counsel’s argument, as the counsel could not establish that they are to exonerated of the liability

21:26: On a lighter note, in response to the counsel’s defence that even if they are liable it will only be limited liability and that too, be considered as a sympathetic act by the respondents, the judge mentions that there is no room for sympathy in a courtroom

21:33: The counsel takes the judges through the last limb of her submission stating that they are not liable to pay for any of the converters as they have already reached agreement as per the mentioned contract

21:35: The Judge reviews the 2 questions asked to the first counsel for claimants which they were unable to answer before and they seem satisfied with the counsel’s response now

21:43: The counsels from both the sides conclude their respective rebuttals

21:50: That’s it for today. We will see you again and we will provide even further updates from tomorrow afternoon onwards. It’s bye-bye for today but with a promise to meet again tomorrow.

VCR-4:909 vs 924

20:05: Aaaanddd we are back with Session 3 of the first day here in VCR-4 of IMAM 2022

20:05: The first speaker of team code 909 has taken the floor and he is straightaway briefing the bench about the facts

20:09: Speaker 1 has dived into her submissions, but unfortunately, no small detail ever escapes the sharp vigilance of the Bench. The questions, as is naturally expected, have also started along with the submissions!

20:16: The Speaker continues with her submissions, while the Bench throws an occasional clarification and question at her.

20:18:The Speaker has concluded her submissions only to be met with the dissatisfied remark of the Bench that their question has not been answered.

20:20: Speaker 2 has taken up the floor now, taking up from where her co-counsel ended.

20:25: Speaker 2 continues with her submissions while the Bench keeps questioning her. Sea worthiness being the centre of discussion in the Courtroom at the moment, the questions and answers mostly revolve around that point.

20:36: The second speaker has almost concluded her present submission, but the Bench keeps throwing innovatively complicated brain teasers at her!

20:39: The Bench requires the Counsel to corroborate her present argument with her written submissions. The Counsel, however, was unable to present the same in her written submissions, thereby inviting a “Why should we listen to you when it is not there in your written submissions?” from the Bench.

20:42: The Speaker has concluded her submissions.

20:46: Speaker 1 of Team Code 924 has taken the floor now.

20:52: The Speaker is going strong with his arguments and has captivated the Bench with a relevant case law that he is citing pertinent to his case.

21:00: The Speaker continues with his earnest efforts to convince the Bench, but the Bench will not be swayed that easily. To make things even more interesting, the Bench is actually giving the Speaker a factual situation as an example to better understand his argument and simultaneously making him apply the logic of his argument to their factual situation!

21:02: The Speaker has been given the permission to continue with his submissions when the Bench declared that they weren’t convinced, despite the counsel’s best interests

21:09: The heated exchange continues. The Bench questions the Speaker on what he meant by the General Principles of Contractual Construction, when the former made a reference to that, but when the Speaker was unable to answer to the satisfaction of the Bench, the latter made the very pointed accusation of the Speaker squandering the time of both the Bench as well as the Speaker himself.

21:15: The second speaker of Team Code 924 takes the floor.

21:27: The Speaker tackles all the questions coming her way without skipping even a heartbeat!

21:30: The Bench continues to throw all sorts of questions, and while the complexity of the questions does not go down, the Speaker manages to handle all the questions to the best of her abilities, with impressive grace and incredible self assurance!

21:37: The Speaker has run out of time, but looks like she had more to say. But unfortunately, even her extension has run out!

21:38: The Bench does not feel there is any need of any rebuttals anymore, and the teams did not have any specific rebuttals to make either, except for a clarification from one team which the Bench addressed.

21:39: With this, the round comes to an end for today. We will tune in again from tomorrow afternoon! Cheerio!

VCR-5: 927 vs 913

20:03: The last preliminary round for the day starts with a bang and the judges seem excited for the submissions by the participants. Whether it is because it is the last preliminary round for the day or for the grilling of the counsel, we will never know.

20:06: It seems to be the latter, as the judges within three minutes have managed to question the very premise of the counsel’s submissions.

20:10: The counsel is extensively questioned on the seat of arbitration and Rule 32 of the SCMA Rules.

20:18: Although the bench seems dissatisfied with the counsel’s submissions on the applicability of the Hague rules, the counsel’s knowledge of facts have apparently impressed the judges.

20:21: The co-counsel begins the submissions and tries to keep up with the flow that their co-counsel had set 15 minutes earlier.

20:24: The bench questions the counsel on the liability of the sub-bailee to the sub-bailee. They are further questioned on the master-servant relationship between Tawe and Cruze.

20:30: Immediately after the counsel’s answer, the bench nudges the counsel towards the right answer but the counsel doesn’t take the bait.

20:32: Face-Palm! The bench is visibly frustrated, with both of them face-palming at the counsel’s answers.

20:38: The counsel then proceeds to make their submissions regarding the unseaworthiness of the ship and the issues of due diligence

20:45: The counsel is inching towards the right answer, but fails again. The bench continues to grill the counsel on the limitation of liability.

20:51: The counsel for respondent begins with their submissions now.

20:54: The bench questions the counsel on the contradictions between the application of the Hague Rules and the limited liability clause being valid.

20:59: The counsel answers questions regarding the applicability of Equity under English Law with regard to duty of care and the absolute denial of relief to the claimant

21:03: The bench continues to grill the counsel on the basics of the addendums and the Hague Rules.

21:10: After repeated questioning on whether the addendums will prevail or the Hague Rules, the counsel took the bait and changed their answer. The bench then grilled the counsel on the new answer after observing the change in their stance.

21:16: The co-counsel for the respondent begins the submission of their issues on arbitration.

21:20: The bench questions the counsel on whether the SCMA rules deal with multi-party arbitrations, like the current dispute before the tribunal.

21:25: The SCMA rules and the procedure laid under it has been extensively discussed back and forth by the judges and the counsel with regards to the number of arbitrators to be appointed. The bench concludes that there is no inconsistency between the parties’ agreement and the SCMA Rules.

21:31: Despite the late hour, both the bench and the counsel seem as enthusiastic as ever. The counsel refers to the breach of contract as a draconian effect. The judge remarks that a draconian effect only applies to society and not a commercial contract.

21:37: The bench grills the counsel on the damages that they claim to not have liability for.

21:45: The respondent post conclusion of submissions thanks the bench for a patient hearing and kind questions. The bench playfully remarks that it was an honour troubling the counsel with questions

21:49: The counsels move forward with respectful rebuttals and conclude. The bench also spares the counsels from grilling in the rebuttals.

VCR-6: 915 vs 918

20:03: Welcome back! The rounds have commenced after a short break! We hope that the judges are feeling refreshed as well

20:05: All of the teams are ready to put forth their arguments with renewed vigour and enthusiasm.

20:08: The judges were finally able to locate the case. However, precious time has already been lost in what could otherwise be considered to be a fairly simple point to get across.

20:11: The counsel was asked to skip this on the issue on the basis of kompetenz-kompetenz and move on to the next issue.

20:15: With the competition proceeding, we can see the counsel asking the judges several times to refer to the memorial which results in time running out.

20:17: Slowly and steadily, we are getting there as this round has proceeded at a rather slow pace till now.

20:19: Exactly one minute was granted to the counsel to summarise the rest of his submissions. Flustered, he attempts to condense months of research into a few sentences to convince the judges in his favour.

20:21: Just as he concludes, he is quizzed about the Hague rules and whether or not they have the force of law. His request for extension is also denied while the judges do not look very convinced with respect to his arguments.

20:22: Speaker 2 joins to address issues 3 and 4.

20:25: The speaker takes the help of case laws to assert that damage could have been avoided had the respondent provided the seaworthiness of the vessel.

20:26: The counsel directs the attention of the judges to the wrong page numbers. Again, precious time is lost looking for specific citations.

20:30: The speaker faces a bout of questions regarding the agreed terms between the claimant and respondent.

20:34: Albeit not very skillfully, the counsel manages to answer the judges questions. The rounds proceed with the counsel seeming dazed throughout. The counsel again makes the mistake of mentioning the wrong citation. Wrong Citation? We have all been there!

20:36: The judges deny granting the counsel one and a half minutes more. They ask him to wrap it up within a minute. The counsel makes it evident that he’s not happy about it. ‘But I have to conclude one more issue!’ The judges do not seem at all impressed by this behaviour.

20:39: The speaker appears to be confused on the connection of the Mucaster Castle case in light of clause 15, but shifts his attention to another area of the argument in an attempt to satisfy the judges. Despite being subjected to a lot of criticism on this topic for a long time, the speaker maintains a cool demeanour.

20:42: Before she could begin, the first speaker of the respondent is quizzed about the legal technicalities. However, she is unable to hear anyone due to internet issues. The judges allow her to give a monologue.

20:45: Due to exceptional circumstances, the speaker is allowed to proceed with her arguments with only minimal questioning by the judges at the end.

20:53: The counsel seems to be clueless about her arguments. She stops midway and loses her train of thought. As a result, the judges are visibly not happy with him.

20:56: After a rather lukewarm 12-minute segment in the round, the counsel finishes her submissions with time to spare. The researcher is asked to convey the questions of the judges to the speaker.

20:57: The second speaker commences arguing the final two issues.

21:02: The judges are listening intently to the speaker and ask her to shed some light on the loopholes in her arguments. The counsel answers them coolly and proceeds without any stutter.

21:07: The counsel stammers quite a lot while answering the questions posed by the judges. She doesn’t sound very convincing and appears to be unsure about her arguments.

21:08: The counsel is extremely nervous and desperately attempts to calm her nerves in order to be able to answer the question coherently. She is unable to explain why Tawe is liable if they are not privy to the contract.

21:11: Flustered because she’s unable to satisfactorily answer the judge’s questions, the counsel is told ”You have wasted our time, why should we not impose damages on you?” The counsel stammers her way through the few sentences that she manages to speak

21:13: The judges remind the first speaker of the respondent that she is yet to answer their questions. After apologizing for the technical glitches, she proceeds to defend the respondent.

21:16: We proceed to rebuttals and sur-rebuttals. The counsels are informed that there is a constraint of time. However, they fail to keep them restricted to relevant points only and are interrupted midway due to the same for a series of questioning.

21:21:The counsel for the respondent chooses to tell the prayer instead of opting for sur-rebuttals.

21:22: The counsel insists on the panel giving her additional time to present her sur-rebuttals after her prayers. The judges deny the request.

21:23: The judges deliberate among themselves in order to be able to provide feedback to the participants.

21:25: We have reached the last stop of the day. All the rounds of the first day have concluded.

VCR-7:926 vs 923

20:01: The Applicant begins by summarising the factual scenario before the Tribunal today.

20:05: Moving to the submissions, the counsel begins by the issue of number of arbitrators to be appointed in the Tribunal. The counsel substantiates her argument by means of the factual statement as well as refutes that there is no conflict of law in SCMA rules and International Arbitration Act due to the addendum introduced.

20:08: “Parties have not consciously applied their minds to agree to the number of arbitrators to be appointed” states the Tribunal, however the counsel caters to the question posed by contending that the wordings of the provision point to the fact that its not a compulsory provision, and in case of express contract the same cannot be applied.

20:14: The counsel, while catering to the queries of the Tribunal, moves forth with her next submission.

20:16: An extension of 1 minute has been granted to the counsel to conclude her submissions before the proceedings are taken forth by the second speaker for the Applicant

20:17: An interesting turn took place when the Tribunal asked the counsel whether it can be inferred if the applicant was themselves negligent when they agreed to go forth the trans shipment without any safeguards.

20:20: The co-counsel takes the floor and begins by addressing the query of the Tribunal regarding negligence committed by the claimant. She is able to substantiate the same with confidence for their party’s case and thereafter moves forth with her submissions regarding damages and liability.

20:26: The counsel interestingly establishes her case regarding the liability of the defendent by drawing a story line. The submissions made were further strengthened by a landmark cases decided by the House of Lords.

20:28: The counsel agreed with the bench that the duty to ensure the seaworthiness of the ship was with Cruze. The counsel argued the same beautifully in a three fold manner!

20:33: The counsel puts forth the next issue before the Tribunal now.

20:35: Due to the paucity of time, the counsel is asked to summarize the arguments in less than 30 seconds.

20:38: The respondents’ counsel takes the floor. The submissions begin on the issue of the constitution of the Arbitral Tribunal

20:46: Moving to the next submission, the counsel continues her submission by refuting any liability of Tawe in the present case. She submits that she represents Tawe and jointly with her co-counsel is here for Tawe and Cruz

20:56: An extension of 30 seconds is granted to the counsel to conclude her submissions.

20:57: The second speaker for the respondent takes the floor and begins with the question of liability of the respondent in the present case

21:02: The submissions by the counsel continues and she confidently establishes further in favor of the respondents.

21:05: The counsel now proceeds to the issue of damages and the quantum of the same.

21:08: The counsel is questioned on the privity of contract and agent-principal relationship

21:09: An extension of a minute was granted, after which an additional 30 seconds granted to the counsel to sum up her submissions.

21:10: The applicants begin with their rebuttals. The counsel highlights that Cruz has not refuted the present arbitration process. Also, there is no conflict as per the counsel therefore raising no question of applicability of IAA. Moreover, the counsel states that the respondent’s liability ends in Chennai and not Columbia as per the factual background. The counsel established a strong case for her party by making the rebuttals.

21:15: The counsel for the respondent begins her sur-rebuttals by stating that IAA is very well applicable to the present case which was backed up by authorities. She also states several other points which cater to the points raised by the applicants in their rebuttal.

21:19: The rounds conclude with both the teams having made their case brilliantly. It was indeed a round full of interesting arguments and strong advocacy skills.

VCR-8: 902 vs 920

20:20: This round in VCR-8 has been cancelled for now. We will update the teams with future developments regarding the rounds.

Greetings!

Day-1 for the 9th NLUO IMAM ends on a high note with the culmination of Session-3! You can follow the live updates of the rounds on SCC online blog.https://t.co/sIRzhpIgFE pic.twitter.com/TAZqE50adp

— NLUO International Maritime Arbitration Moot(IMAM) (@NLUO_IMAM) March 24, 2022

Greetings!

The preliminary rounds continue on Day-2 with Session-4. For live updates follow us on SCC online blog.https://t.co/sIRzhpIgFE#nluoimam pic.twitter.com/dvsGYhikQ0

— NLUO International Maritime Arbitration Moot(IMAM) (@NLUO_IMAM) March 25, 2022

VCR-5: The bench remarks that the claimants are being very altruistic by claiming only the market price of $600,000 and not the higher amount!#nluoimam

— NLUO International Maritime Arbitration Moot(IMAM) (@NLUO_IMAM) March 25, 2022

Greetings!

After an exhilarating two days, Preliminary Rounds are finally over! Stay tuned to find out the teams advancing to the Quarter Finals.#nluoimam pic.twitter.com/sxeJRK0S9D

— NLUO International Maritime Arbitration Moot(IMAM) (@NLUO_IMAM) March 25, 2022