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THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW CHENNAI, TAMIL NADU, INDIA PRESENTS TO YOU THE 9 TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015 30 TH OCTOBER, 2015 - 1 ST NOVEMBER, 2015

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Page 1: THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY ... TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW CHENNAI, TAMIL NADU, INDIA PRESENTS TO YOU THE 9TH PRO BONO ENVIRO

THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

SCHOOL OF EXCELLENCE IN LAW

CHENNAI, TAMIL NADU, INDIA

PRESENTS TO YOU

THE 9TH PRO BONO ENVIRO NATIONAL MOOT COURT

COMPETITION, 2015

30TH OCTOBER, 2015 - 1ST

NOVEMBER, 2015

Page 2: THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY ... TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW CHENNAI, TAMIL NADU, INDIA PRESENTS TO YOU THE 9TH PRO BONO ENVIRO

9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

2

CONTENTS

1. OFFICIAL INVITE 3

2. MOOT PROPOSITION 4

3. RULES & REGULATIONS 9

ANNEXURE I - REGISTRATION FORM 22

ANNEXURE II - TRAVEL FORM 24

4. TENTATIVE SCHEDULE 25

5. ORGANISING COMMITTEE 27

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

3

OFFICIAL INVITE

We warmly welcome you to the 9th Edition of the Pro Bono Enviro National Moot Court

Competition, 2015. It is the flagship event for our Institution and we aim towards only object –

getting better by the year. The Moot is based on domestic Environmental Law and is intended to

create awareness among the student body regarding pressing environmental issues. Year after

year the competition has witnessed an overwhelming response from various Universities and

Colleges throughout India and this year too, we promise an exciting weekend of debate,

discussion and display of legal acumen. The Competition this year will see sitting Judges of the

Madras High Court, and Advocates and Specialists in the field that will ensure that the Rounds

are judged with even more vigor and enthusiasm than the past years of Pro Bono.

The last edition was a grand success. This year with the constitution of an even more enthusiastic

Organising Committee we promise for it to only be better. The previous year, more than 30 law

institutions from different parts of India participated in the Moot, and we expect this number to

only increase this year. The 9th Pro Bono Enviro National Moot Court Competition, 2015 is

scheduled from 30th October – 1st November, 2015. The Moot Court Association of School of

Excellence in Law, Chennai cordially invites your prestigious institution to participate in the

same. We look forward to seeing you this October!

With Regards,

The Organising Committee

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

4

MOOT PROPOSITION1

1. The Republic of Minas Tirith is the world’s third most populous country with a population of

more than 1.1 billion. It is located centrally on Earth with everything a nation could ask for from

nature. The country is rich in mineral ores which include magnetite, steel, coal and magnate. The

country has an area of 3,287,590 sq. km. Minas Tirith has signed all the major international

conventions and treaties relating to environmental law until the present date but has ratified only

those conventions and treaties that were entered into until the completion of the year 2003.

2. Natural resources are found throughout the country at varied levels. In the State of East

Pradesh which has a coastline of 1,000 km, the natural resources including iron ore and coal are

found in abundance. This is the largest State in the country and is located on the eastern coast.

Around 40% of the State’s population consists of tribal people who have been living in the

forests and other parts of the State since time immemorial. The State’s oldest literary work called

“Eastory” speaks about this tribal population with great importance. This is dated to be at least

3,000 years old. The main occupation of the tribal people is agriculture and hunting in the forest

region, and handicrafts and handiworks in the neighboring city. Mr. Gandalf is the leader of the

tribal people who have always fought for their rights and upliftment.

3. The Central Government of the Republic of Minas Tirith was elected through the general

elections in May 2015. The main agenda of the Government was to increase the economic

development and provide job opportunities. True to its word, the Government has taken several

measures to bring in foreign investment and develop several public and private sector areas

including mining. The Government decided to lease out the mines to increase its GDP and

industrial growth. This also ensures that the Government has acquired enough iron for military

purposes, in which the country is lacking. There is an economic depression throughout the world

and the country needs to keep itself afloat in the sinking world market. With the approval of the

Cabinet, the Government has notified the “New Mining Deal, 2015” which is its master plan on

mining. Subsequent to the plan, it had auctioned iron mines in blocks to several foreign mining

1 The Moot Proposition has been drafted by Mr. Diwaagar R.S., currently a Legal Intern at the City of New York

Business Integrity Commission, New York and an alumnus of School of Excellence in Law, Chennai (2012). Any

attempts to contact him shall result in immediate disqualification of the participating team.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

5

giants. Considering the importance of the country and its ores, the mining ores auctioned earned

200% more than the expected rate and was a huge profit for the country. The auction was won by

M/s. Marvolo Miners Inc. The mining work commenced on June 1st, 2015.

4. The Ministry of Environment and Forest (MoEF) gave the clearance for mining activities.

However, as commonly known, it is not without corruption. The MoEF followed procedural

requirements and all the required assessments were carried out before granting the license. The

State of East Pradesh was not consulted in the entire process by the Central Government or by

the Company. There was no assessment by the State Environmental Impact Assessment Agency

(SEIAA) or by the Pollution Control Board (PCB). At this point in time the Government in the

State of East Pradesh belonged to the same party as that of Central Government. The State

Government raised no issues about it. The Chief Minister participated in the opening ceremony

of the mining activities and thanked the Central Government for its quicker implementation.

5. Marvolo is a world leader in mining from a western country called District 12. They mine in

more than 25 countries. In about 13 countries they have been accused of violating their licenses.

They have also been alleged of being responsible for careless mining and displacement of the

tribal people in those countries. All of these are strong allegations but have never been proved.

They admitted at some instances to have used inferior technology and methods in mining than

the advanced one available.

6. In East Pradesh, Marvolo’s license was restricted to iron blocks A, B and C. There are other

blocks D, E and F which were not licensed and were to be left untouched. It is believed that

mining these unlicensed blocks may cause a huge environmental hazard to the local population

and also affect the existence of the forest. The mining in the blocks A, B and C was also

permitted only upto a depth of 100 feet. The major concentration of the tribal people is in and

around these mines. There is a huge forest known as The Burrow which covers half of the mine

and runs beyond the boundary of the State. This is the greatest forest reserve the State and the

country have. It houses several precious animals which are on the verge of extinction. Seasonal

birds are known to migrate here from foreign countries. There is also a river running along the

outer edge and within The Burrow which is the only source of clean water to the whole State.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

6

7. Marvolo mined in blocks A, B and D. They left C untouched. This was only identified by a

news reporter’s secret investigation. The report further alleged that they have mined more than

125 feet in the said blocks. This created a huge controversy in the State. Meanwhile, it was

observed that the tigers in the forest had reduced by 20% in the last 2 months and that the

migratory birds which were to arrive in the particular season were not seen. There were only

10% of the regularly visiting migratory birds. The river water was polluted with all the mining

wastes which could have been avoided if a better technology had been used. The tribal people

started relocating as their habitat was now changed. There was increase in air pollution and soil

erosion. More importantly thousands of workers and other people who visited the area started

intruding into the peaceful living of the tribal people. Deforestation of a huge area of the forest

was also seen. However, the deforestation is expected to have happened during mining activities

and was not against the licenses. The new reports are unclear if these were the results of alleged

illegal mining in block D.

8. The matter was discussed politically. Mr. Percival Brian who was an independent candidate

campaigning for the elections filed a PIL before the High Court of East Pradesh against the

whole mining activity and sought a criminal case against Marvolo for violations. The Court had

doubts on the locus standi and the jurisdiction for the PIL. However, the court ordered SEIAA to

conduct an investigation and file a report of the status.

9. The SEIAA took only 2 days to investigate and held a press conference wherein it was

informed that more than 100 feet was mined. Block D was mined violating the license and its

investigation was not sufficient to see if the block D mining resulted in environmental changes. It

also categorically announced that the license should not have been granted to any of these

mining blocks as they critically affect the tribal population and the environment. The Agency

also conceded that an environmental impact assessment before the beginning of license would

have prevented such problems. However, this report was not filed in the appropriate High Court

as it was a weekend.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

7

10. Looking at the increased trouble that had been caused, the National Green Tribunal (NGT)

convened a forum on Saturday night and granted a suo motu injunction against any further

mining and ordered the mine to be sealed until further orders.

11. Aggrieved by this and the High Court PIL, Marvolo decided to approach the Supreme Court

of Minas Tirith. It raised the following issues:

a. The NGT does not have suo motu powers and hence its orders are unconstitutional.

b. The PIL petitioner has a vested interest and he is expected to contest in the elections.

Hence he does not have the locus standi to file a PIL.

c. A criminal case registration cannot be initiated through a PIL.

12. The Supreme Court found this matter to be of great importance and decided to take the main

case and decide it with finality. It had thus transferred all the cases to the Supreme Court for a

special hearing and the final hearing has been posted for November 1st, 2015. It has sought the

parties to address the following issues:

a. Whether the NGT has suo motu powers?

b. Whether there was a criminal violation of mining license and whether it caused the

environmental degradation?

[If there are criminal violations, the Court is interested in hearing which legislations

have been violated and it also would like to hear arguments to see if these violations are

criminal or merely contractual in nature]

c. Whether the mining in the area is against environmental safety and violates the rights of

the tribal people?

[The Court wishes to hear scientific arguments on the validity and impact of the New

Mining Deal, 2015 permitting a license in the area]

13. After passing the orders, in the evening the Supreme Court gave the following notification:

“It is hereby ordered that the Petitioners shall be M/s. Marvolo Mining Company and the

Central Government of the Republic of Minas Tirith. The Respondents shall be the State

of East Pradesh represented by the SEIAA, Mr. Percival Brian. If any of the parties

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

8

contest their addition or wish to add an extra party they shall contest the same during the

arguments.”

NOTE:

i. The political structure, legal system and legislation of the Republic of Minas Tirith are in

pari materia with that of the Republic of India.

ii. The list of issues is merely illustrative. Parties may feel free to construct their own issues

and present arguments for the same which may enable the Supreme Court to render a

final and binding decision.

iii. The judgments of any Indian Court may have persuasive value. The judgments delivered

by 3 judges or higher of the Supreme Court of India shall be binding.

DISCLAIMER:

The material in the Moot Proposition is not intended to and does not attempt to resemble any

incident or any person living or dead. All material in the problem is fictitious and any

resemblance to any incident or person, if any, is not intended, but merely co-incidental.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

9

RULES & REGULATIONS

1. GENERAL RULES

1.1 DATE & VENUE OF THE COMPETITION:

The 9th Pro Bono Enviro National Moot Court Competition, 2015 will be held from

October 30th, 2015 to November 1st, 2015 at the School of Excellence in Law, The Tamil

Nadu Dr. Ambedkar Law University, Chennai – 600028.

1.2 TEAM ELIGIBILITY & TEAM COMPOSITION:

a. Participation is strictly restricted to bona fide law students enrolled in the three year or

five year LL.B. or B.L. degree course in any institution in India.

b. Only one team is permitted to participate from each provisionally registered institution.

c. Each team shall comprise of a minimum of two and a maximum of three members. In a

team consisting of two members, each of the members shall be designated as ‘Speaker’.

In a team consisting of three members, two of the members shall be designated as

‘Speaker’ and the third member shall be designated as ‘Researcher’.

1.3 REGISTRATION PROCEDURE:

a. Provisional Registration of the participating institutions shall be sent by e-mail to

[email protected] on or before 30th September, 2015, 11:59 PM. There is

a team cap of 30. The registration of the institutions will take place entirely on first-

come-first-serve basis.

b. Upon receipt of an e-mail confirming provisional registration from the Organising

Committee, participants shall complete the Registration Formalities in two steps:

i. Participants shall e-mail the duly filled and signed Soft Copy (scanned copy) of

the Registration Form (Annexure-I) as well as the scanned copy of the Demand

Draft for Rs. 3,500/- to [email protected] on or before 6th

October, 2015, 11:59 PM. The Demand Draft shall be drawn in favour of “The

Registrar, The Tamil Nadu Dr. Ambedkar Law University, Chennai –

600028”, payable at Chennai.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

10

ii. The Hard Copy of the said Registration Form and the original Demand Draft shall

reach the Organising Committee on or before 9th October, 2015, 11:59 PM via

Speed Post or Courier. The address for correspondence is as specified in Rule

9.1.

c. Upon completion of the above steps, the duly filled Travel Form (Annexure-II) is to be e-

mailed to [email protected] on or before 12th October, 2015, 11:59 PM.

d. Teams that have completed Registration in accordance with the above shall be assigned a

Team Code on or before 13th October, 2015, 11:59 PM. Henceforth, all correspondence

to the Organising Committee shall specify only the Team Code.

e. No alteration in the Team Composition shall be permitted after the receipt of the

Registration Form, except at the sole discretion of the Organising Committee.

1.4 DRESS CODE:

a. Participants shall be appropriately attired for the rounds of the competition. Robes and

collar bands are not permitted.

b. The Dress Code for the Inauguration, Researcher’s Test, Oral Rounds and

Valedictory & Prize Distribution shall strictly be:

i. For Gentlemen - Western Formals (White formal shirt with black formal pants

and a black blazer); and

ii. For Ladies - Western Formals (White formal shirt with black formal pants/black

formal skirt and a black blazer) or Indian Formals (white kurta with black pants

and either a black waistcoat or black blazer).

c. On other occasions while on campus, participants may wear casuals or formals at their

convenience.

2. CLARIFICATIONS

Clarifications to the Moot Proposition and the Rules regarding submission of the Memorandum

shall be sought by sending an e-mail to [email protected] on or before 15th

October, 2015, 11:59 PM. Clarifications sent after this date shall not be entertained at any cost.

The List of Clarifications shall be released on 18th October, 2015.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

11

3. MEMORANDUM/WRITTEN SUBMISSIONS

3.1 SUBMISSION OF MEMORANDUM:

a. Participants are required to submit Memorandum or Written Submissions for both the

Petitioner and the Respondent.

b. Teams shall e-mail two Soft Copies each of the Memorandums, in PDF and Microsoft

Word formats, i.e. four (4) separate file attachments, titled “Team CodeP” and “Team

CodeR” for the Petitioner and Respondent respectively, on or before 23rd October, 2015,

11:59 PM to [email protected]. For example, if the assigned team code is

21, the team shall title the Memorandums as “21P” and “21R” respectively. The Soft Copy

should be compatible with at least Microsoft Word 2003. Late submission shall attract

penalties in accordance with Rule 3.3.

c. Only the Team Code shall be specified on the Memorandum. Any reference to the

participating institution/college/university shall result in immediate disqualification.

d. Teams shall send One (1) Hard Copy each of the Petitioner and Respondent

Memorandums on or before 26th October, 2015, 11:59 PM via Speed Post or Courier to

the address mentioned in Rule 9.1. Late submission shall attract penalties in accordance

with Rule 3.3. On mailing the Hard Copy, participants are requested to e-mail

[email protected] providing the relevant Tracking ID or Tracing

Consignment Number of the Speed Post or Courier service.

e. No amendment to the memorandum shall be permitted after submission of the soft copies.

Variation found in the Hard Copy shall be penalised in accordance with Rule 3.3.

f. The last date for sending the Hard Copy of the Memorandum with penalties is 28th

October, 2015, 11:59 PM beyond which the same shall not be accepted at any cost. Teams

not submitting the Hard Copy by the aforesaid date may be listed last for the purpose of

determination of fixtures for the Preliminary Rounds and the Memorandum Score shall not

be added to the Oral Rounds Score for the Total Score in the Preliminary Rounds. Teams

must note that the Memorandum Score shall not be considered even if the Soft Copy has

been e-mailed but the Hard Copy has not been received by the Organising Committee on

the abovementioned date. Exceptions may be made at the sole discretion of the Organising

Committee.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

12

g. Six (6) Hard Copies of each of the Petitioner and Respondent Memorandums shall be

submitted during the Team Registration on 30th October, 2015.

h. Participants are advised to carry additional copies of their Memorandum for their own use.

Copies submitted to the Organising Committee shall be used for the evaluation of the

Memorandum, for the Exchange of Memorandum and for the Judges Bench for each of the

Oral Rounds.

i. The Organising Committee reserves the right to use the memorandum submitted by the

participating teams, as it deems appropriate. The memorandum submitted shall not be

returned to the participants.

3.2 CONTENTS OF THE MEMORANDUM:

a. Each Memorandum shall contain at least the following sections:

i. Cover Page (shall include Year of the Competition, Cause Title, Forum/Court,

designation as Petitioner or Respondent Memo, Team Code on the top right

corner - e.g. 21P or 21R)

ii. Table of Contents

iii. Index of Authorities

iv. Statement of Jurisdiction (strictly restrict to 1 page)

v. Summary/Statement of Facts (strictly restrict to 1 page; argumentative Statement

of Facts shall be penalised)

vi. Issues Raised/Questions Presented

vii. Summary of Arguments/Pleadings

viii. Arguments Advanced/Written Pleadings (strictly restrict to 20 pages or less)

ix. Prayer

b. The following content specifications shall be strictly adhered to:

Language: English

Body Font & Size: Times New Roman, 12; Line Spacing: 1.5

[The spacing need not be followed for the Cover Page, any Tabular Column,

Header or Footer]

Footnotes Font & Size: Times New Roman, 10; Line Spacing: 1.0; Paragraph

Spacing: None; No additional space between footnotes

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

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Alignment (Body & Footnotes): Justified

Margin: 1 inch on all 4 sides

Citation Method: The Bluebook, A Uniform System of Citation, Harvard Law

Review, 19th edition

Substantive Footnoting is strictly prohibited.

c. The following printing specifications shall be strictly adhered to:

i. The Cover Page shall be:

Blue for Petitioner Memorandum

Red for Respondent Memorandum

ii. Only white A4 sized paper shall be used for all other pages. Use of recycled

papers is encouraged.

iii. The Memorandums shall be printed on both sides. Each side shall be counted as

one page.

iv. The Memorandums shall be staple bound with two/three staples on the left

margin. No other form of binding shall be accepted. The use of plastic/cellophane

sheets or films shall attract penalties.

v. The Memorandums shall not contain any Annexures/Appendices, Photographs,

Sketches, Exhibits, Affidavits, etc.

3.3 EVALUATION OF THE MEMORANDUM:

a. Each Memorandum shall be marked on a total of 100 points. The Memorandum Score

added to the Oral Rounds Score during the Preliminary Rounds shall be for the respective

Round, i.e. the Petitioner Memorandum Score shall be added to the Oral Score while

arguing for the Petitioner and the Respondent Memorandum Score shall be added to the

Oral Score while arguing for the Respondent.

b. The Best Memorandum Award shall be given to the team with the highest aggregate

score out of 200 for both the Memorandums.

c. The Memorandum will be evaluated by a separate panel of judges who will not Judge in

the Oral Rounds.

d. The Memorandum Score will be used in determining the fixtures for the Preliminary

Rounds in accordance with Rule 4.5.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

14

e. The following shall be the judging criteria:

Knowledge of law & depth of research 20

Use of authority/precedents 20

Incorporation of facts into the arguments 10

Interpretation of applicable law 10

Clarity of thought and organisation of arguments 15

Style of Presentation 10

Originality 10

Relief sought 5

f. Penalties shall be attracted in the following manner:

VIOLATION PENALTY

Late Submission - Soft Copy 1 point per day per Memo

Late Submission - Hard Copy 2 points per day per Memo

Any violation under Rule 3.2 (a.) 1 point for each violation under the Rule

Any violation under Rule 3.2 (b.) 0.5 point for each violation under the Rule

Any violation under Rule 3.2 (c.) 1 point for each violation under the Rule

Variation in content between Soft Copy

and Hard Copy 0.5 point for each variation

Violation of Anonymity Disqualification

4. ORAL ROUNDS

4.1 GENERAL PROCEDURE:

a. Teams are requested to bring their appropriate institution ID cards along with the six (6)

hard copies of the Memorandums for each side to be submitted during the formal

registration on 30th October, 2015.

b. The language to be used during the Rounds is English.

c. The Competition shall consist of the following rounds:

i. Preliminary Rounds; and

ii. Advanced Rounds:

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

15

(i) Quarter-finals,

(ii) Semi-finals,

(iii)Finals.

d. During each of the abovementioned rounds, the order in which the teams shall present

their arguments is as follows:

i. Petitioner Speaker 1

ii. Petitioner Speaker 2

iii. Respondent Speaker 1

iv. Respondent Speaker 2

v. Rebuttal: Petitioner - Any one of the two Speakers

vi. Sur-rebuttal: Respondent - Any one of the two Speakers

Sur-rebuttal may be permitted only at the discretion of the Judges.

e. The Best Speaker Award shall be determined on the basis of the individual aggregate

score of the Speaker taken only from the Preliminary Rounds.

f. The Researcher shall not be permitted to address the Court during the Oral Rounds. The

Researcher may however, be permitted to pass notes to the Speakers at the discretion of

the Judges.

g. Teams are not permitted to raise issues in the Oral Rounds that have not been submitted

in the Memorandum.

h. The use of mobile phones, laptops, or any other electronic gadgets is strictly prohibited

during the Oral Rounds.

i. Participants may use their own bare acts, print outs and commentaries provided that

anonymity is not violated during the Rounds.

j. The decision of the Judges as to the marks allotted to each team shall be final.

k. So as to ensure uniformity in the marking system all Judges will be provided with a

scoring guideline.

4.2 SPLITTING OF TIME BETWEEN SPEAKERS:

a. Teams shall notify the Bench Clerks of the division of time between the 2 Speakers

(including time reserved for Rebuttal & Sur-rebuttal) 10 minutes prior to the

commencement of the Rounds.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

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b. If Speaker 1 exceeds his/her reserved time, the additional time taken shall be deducted

from the time reserved by Speaker 2. Similarly, if Speaker 2 exceeds his/her reserved

time, the additional time taken shall be deducted from the time reserved for

Rebuttals/Sur-Rebuttals as the case may be. This rule may not be followed if the

additional time is awarded at the discretion of the Judges to not be deducted from the

time of the subsequent Speaker.

c. While granting additional time, if the additional number of minutes granted is not

specified by the Judges, it shall be presumed that the additional time granted is 2 minutes.

d. The finality of the decision as to the time structure and the right to Rebut or Sur-rebut

shall vest with the Judges.

4.3 COMPENDIUM:

a. All relevant case laws and statutory material to be passed on to the Judges during the Oral

Rounds may be submitted in the form of a Compendium 10 minutes prior to the

commencement of the Rounds to the Bench Clerks.

b. The Compendium shall not exceed 50 pages whether printed on one side or both sides.

For this purpose, each side shall be considered as one page.

c. Participants are also permitted to pass on relevant material to the Judges, at their

discretion, any time after the commencement of the Rounds and before its completion.

d. The Compendium or other relevant materials shall be returned to the participants after the

completion of each Round.

e. Participants shall ensure that anonymity is not violated while passing on any material to

the Judges. If any mark, name, seal, symbol or logo of the institution/college/university is

present, participants must ensure that the same is rendered unrecognisable.

4.4 EXCHANGE OF MEMORANDUM:

a. The exchange of memorandum shall take place prior to each Oral Round as planned in

the Tentative Schedule.

b. Teams are prohibited from making any marks on the memorandum thus exchanged.

Teams are also prohibited from taking photocopies of such memorandums.

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c. The opponent’s memorandum shall be returned to the Bench Clerks after the completion

of each Round.

4.5 PRELIMINARY ROUNDS:

a. Every team shall argue twice in the Preliminary Rounds, once for the Petitioner and once

for the Respondent.

b. No two teams shall face each other more than once in the Preliminary Rounds.

c. The fixtures for the Preliminary Rounds will be based on dynamic seeding or power

matching. The top eight (8) teams based on the Memorandum Score will not face each

other during the Preliminary Rounds.

d. Each side shall get a maximum time of 30 minutes to present their arguments of which

no Speaker shall be permitted to address the Court for more than 18 minutes. The time

limit is inclusive of the time for Rebuttal or Sur-rebuttal respectively. The maximum time

for Rebuttal is 2 minutes and the maximum time for Sur-rebuttal is 1 minute.

e. The Total Score of the Preliminary Rounds shall be a combined score of the

Memorandum Score as well as the Oral Rounds Score.

f. The top eight (8) teams from the Preliminary Rounds shall advance to the Quarter-finals.

g. The top eight teams shall qualify on the basis of the maximum number of wins per team.

In the event of a tie, the aggregate score of the team shall be considered.

4.6 ADVANCED ROUNDS:

a. Every team shall argue once in each of the Advanced Rounds.

b. The side to be argued shall be determined on a Pick of Lots.

c. The qualification of teams to subsequent rounds shall be on a knock-out basis for each of

the Advanced Rounds. In the event of a tie, the aggregate score of the team shall be

considered.

d. The Memorandum Score shall not be considered for any of the Advanced Rounds.

4.6.1 QUARTER-FINALS

i. The maximum time for arguments per side shall be the same as in the

Preliminary Rounds.

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ii. The top four (4) teams from the Quarter-finals shall advance to the Semi-finals.

4.6.2 SEMI-FINALS

i. Each side shall get a maximum time of 45 minutes to present their arguments of

which no Speaker shall be permitted to address the Court for more than 25

minutes. The time limit is inclusive of the time for Rebuttal or Sur-rebuttal

respectively. The maximum time for Rebuttal is 5 minutes and the maximum time

for Sur-rebuttal is 2 minutes.

ii. The top two (2) teams from the Semi-finals shall advance to the Finals.

4.6.3 FINALS

i. The maximum time for arguments per side shall be the same as in the Semi-

finals.

ii. The winner of the Final Round shall be declared the Winner of the Competition.

iii. The Best Speaker in the Finals shall be determined based on the individual scores

of the Speakers in the Finals.

4.7 SCOUTING:

a. Scouting is strictly prohibited.

b. Any person may submit a complaint regarding Scouting to the Organising Committee.

c. Teams found scouting shall be disqualified immediately.

4.8 DELAYS IN APPEARANCE/PRESENTATION:

If a team scheduled to take part in a Round does not appear within 10 minutes of the scheduled

time, the other team present shall be allowed to submit ex-parte.

5. RESEARCHER’S TEST

a. The Researcher’s Test shall be conducted on the 30th of October, 2015 as per the

Tentative Schedule.

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b. In a team consisting of three members, the member designated as Researcher shall take

part in the test. In a team consisting of two members, one of the two Speakers shall take

part in the test.

c. Participants are requested to write only the Team Code on the question paper.

d. The Researcher’s Test shall be in the format of Multiple Choice Questions with the

questions based on the applicable law, precedents and facts pertaining to the Moot

Proposition.

e. The duration of the Researcher’s Test shall be 45 minutes.

f. No additional material such as the bare text of Acts, Memorandum, etc. apart from

stationery may be brought by the participant to the test and no such material shall be

provided by the Organising Committee.

g. The Winner of the Test shall be determined by the highest score attained and negative

marking shall not be given while evaluating.

6. AWARDS

The following Awards shall be given away during the Valedictory & Prize Distribution:

Winner of the Competition: Cash Prize and Trophy

Runner-up of the Competition: Cash Prize and Trophy

Best Memorandum: Cash prize and Trophy

Best Speaker: Cash prize and Trophy

Best Researcher: Cash Prize and Trophy

Best Speaker in the Finals: Cash Prize and Trophy

a. All participants of the Competition will be given Certificates.

b. All teams shall be present during the Valedictory & Prize Distribution. Certificates will

only be given to the teams present during the Valedictory & Prize Distribution.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

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7. ACCOMMODATION, TRANSPORT & FOOD:

a. Accommodation and transport shall be provided to the participating teams from the

morning of 30th October, 2015 till the morning of 2nd November, 2015.

b. Food shall be provided to the teams from the afternoon of 30th October, 2015 till the

night of 1st November, 2015.

c. Any specific requirements regarding accommodation must be specified in the Travel

Form. Such requirements may be accommodated at the discretion of the Organising

Committee.

d. Facilities such as photocopying, library usage, internet connectivity, etc. may be provided

subject to the convenience of the Organising Committee and will be informed to the

teams closer to the commencement of the Competition. Irrespective, participants are

requested to make their own arrangements for the same.

e. All facilities shall be provided only to the registered members of a team and no additional

members, parents, observers, coaches or faculty advisors shall be accommodated at any

cost.

8. MISCELLANEOUS

8.1 GENERAL ETIQUETTE:

a. Participants are expected to behave in a dignified manner and not to cause any

inconvenience to the Organising Committee, the Judges of the Competition or any of the

other participants.

b. The Organising Committee reserves the right to take appropriate action for any unethical,

unprofessional or immoral conduct.

8.2 INTERPRETATION OF RULES & REGULATIONS:

a. All interpretations, as well as any waivers, consents or other decisions in the

administration of the Competition are at the complete discretion of the Host Institution

and the Organising Committee.

b. Any decision made by the Host Institution or the Organising Committee shall be final and

binding on all participating teams.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

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9. CORRESPONDENCE/CONTACT DETAILS

9.1 REGISTRATION FORMALITIES & MEMORANDUM SUBMISSIONS:

The physical address for correspondence for all Registration Formalities and Memorandum

Submissions is:

Organising Committee

“9th Pro Bono Enviro National Moot Court Competition, 2015”

Moot Court Association, School of Excellence in Law

“Poompozhil”, No. 5, Dr. D.G.S. Dinakaran Salai

Chennai – 600028

Tamil Nadu, India.

9.2 MOOT PROPOSITION AND RULES & REGULATIONS:

Any and all clarifications regarding the Moot Proposition and Rules & Regulations shall be

sought only via e-mail at the following addresses:

[email protected], cc: [email protected]

9.3 OTHER QUERIES:

Any other queries may be directed at the following persons:

REGISTRATION HOSPITALITY

Vadhana Bhaskar: + 91 9791121793 Salai Varun Isai Azhagan: + 91 9677958816

Ashwathy Nair S.: +91 9789045431 Ashwin Kumaar M.: + 91 9677745023

Divya Ranjani: + 91 9543566480 T. Shrinikethan: +91 8056255861

Chindan K.: +91 9677287956 Bhargavi Kannan: +91 9789877129

Participants may keep themselves updated by following:

Facebook: https://www.facebook.com/Moot-Court-Association-School-of-Excellence-in-Law-

201136933274208/timeline/

Website: www.mcasoel13.webs.com

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

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ANNEXURE - I

REGISTRATION FORM

(Please fill in Capital Letters)

INSTITUTION DETAILS

NAME OF THE INSTITUTION/COLLEGE/UNIVERSITY: __________________________________

______________________________________________________________________________

ADDRESS OF THE INSTITUTION/COLLEGE/UNIVERSITY: _______________________________

______________________________________________________________________________

______________________________________________________________________________

CONTACT NO.: _______________________ E-MAIL ID: _______________________________

PARTICIPATING TEAM DETAILS

1. SPEAKER 1| NAME: ___________________________________________________________

SEX: ____ YEAR & COURSE OF STUDY: _______________________

CONTACT NO.: _______________________ E-MAIL ID: _______________________________

2. SPEAKER 2| NAME: ___________________________________________________________

SEX: ____ YEAR & COURSE OF STUDY: _______________________

CONTACT NO.: _______________________ E-MAIL ID: _______________________________

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

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3. RESEARCHER| NAME: _________________________________________________________

SEX: ____ YEAR & COURSE OF STUDY: _______________________

CONTACT NO.: _______________________ E-MAIL ID: _______________________________

PASSPORT SIZE PASSPORT SIZE PASSPORT SIZE

PHOTOGRAPH OF PHOTOGRAPH OF PHOTOGRAPH OF

SPEAKER 1 SPEAKER 2 RESEARCHER

OFFICIAL TEAM CONTACT PERSON (TICK THE APPROPRIATE):

SPEAKER 1/SPEAKER 2/RESEARCHER

PLACE:

DATE:

SIGNATURE & SEAL OF THE HEAD OF THE INSTITUTION

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

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ANNEXURE - II

TRAVEL FORM

(Please fill in Capital Letters)

DETAILS OF ARRIVAL

MODE OF TRANSPORT (AIR/RAIL/ROAD): __________________________________________

STATION OF ARRIVAL: __________________________________________________________

FLIGHT/TRAIN/BUS NAME & NO.: _________________________________________________

DATE & TIME OF ARRIVAL: ______________________________________________________

DETAILS OF DEPARTURE

MODE OF TRANSPORT (AIR/RAIL/ROAD): __________________________________________

STATION OF DEPARTURE: ________________________________________________________

FLIGHT/TRAIN/BUS NAME & NO.: _________________________________________________

DATE & TIME OF DEPARTURE: ___________________________________________________

ANY OTHER DETAILS CONCERNING ACCOMMODATION & TRAVEL:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Closest Airport: Chennai International Airport, Domestic Terminal (MAA)

Closest Train Stations: Chennai Central Railway Station (MAS); Chennai Egmore Railway

Station (MS).

There are several drop-off and pick-up points for the Bus service. Specify the relevant one.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

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TENTATIVE SCHEDULE

DATE TIME EVENT

24.09.2015 Release of Official Invite, Moot Proposition, Rules &

Regulations, and Tentative Schedule

REGISTRATION FORMALITIES

30.09.2015 11:59 PM Provisional Registration

06.10.2015 11:59 PM Registration Form & Demand Draft - Soft Copy

09.10.2015 11:59 PM Registration Form & Demand Draft - Hard Copy

12.10.2015 11:59 PM Travel Form

13.10.2015 Dispatch of Team Codes

SUBMISSIONS

15.10.2015 11:59 PM Submission of required Clarifications

18.10.2015 11:59 PM Release of List of Clarifications

23.10.2015 11:59 PM Submission of Memorandum - Soft Copies

26.10.2015 11:59 PM Submission of Memorandum - Hard Copies

ORAL ROUNDS

30.10.2015

Lunch

Team Registration

Inauguration & Orientation of Participants

Release of Fixtures for Preliminary Rounds

Exchange of Memorandum for Preliminary Rounds

Researcher’s Test

Dinner

31.10.2015

Breakfast

Preliminary Round 1

Preliminary Round 2

Lunch

Results of Preliminary Rounds

Draw of Lots & Exchange of Memorandum for Quarter-finals

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Quarter-final Rounds

Results of Quarter-final Rounds

Draw of Lots & Exchange of Memorandum for Semi-finals

Dinner

01.11.2015

Breakfast

Semi-final Rounds

Results of Semi-final Rounds

Draw of Lots & Exchange of Memorandum for Finals

Lunch

Final Round

Valedictory & Prize Distribution

Dinner

A more detailed schedule will be provided to the participants on arrival.

The above schedule is subject to change by the Organising Committee. Participants will be duly

informed if any such changes are made.

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9TH PRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

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ORGANISING COMMITTEE

I. FACULTY CO-ORDINATORS

Dr. R. Srinivasan

DDE & Chief Co-ordinator

Mr. Ranjit Oommen Abraham

Assistant Professor

Mr. M. Sunil Gladson

Assistant Professor

Dr. D. Umamaheswari

Assistant Professor

II. MOOT COURT ASSOCIATION, SCHOOL OF EXCELLENCE IN LAW

PRESIDENT VICE-PRESIDENT

Salai Varun Isai Azhagan

Vadhana Bhaskar

SECRETARY ADDITIONAL SECRETARY

Anbarasi G.

Ashwin Kumaar M.

JOINT SECRETARIES

Ashwathy Nair S.

Ranjana G.

YEAR REPRESENTATIVES

Sri Ramya T. Shrinikethan

Sudharsana Manivannan

Divya R.

Divya Ranjani

Chindan K. Bhargavi Kannan

V. Shathurthi Raja Pooja Damodaren

III. AD HOC COMMITTEE TO THE MOOT COURT ASSOCIATION FOR THE 9TH PRO BONO

ENVIRO NATIONAL MOOT COURT COMPETITION, 2015

Shloka Narayanan Amritha Sathyajith Anugraha B. Sridhar

L. Sruthi T. Poornima Devi Romita Sekar

Swadhi Subramaniam Kripa Sankari Saitanya K.