You are on page 1of 19

MOOT COURT ASSOCIATION

NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

MOOT COURT ASSOCIATION POLICY, 2021

Academic Year 2021-22

Passed and approved by the Faculty in-charge, Moot Court Association, on 29th July, 2021
In exercise of the power granted to the Moot Court Association of the National Law Institute
University, Bhopal (“MCA”) under Article 10 of the Constitution of the MCA, 2007 (“The
Constitution”) and in furtherance and supersession of the MCA Rules, 2020, the MCA hereby
notifies the Moot Court Association Policy, 2021 (“Policy”).

Chapter I: Introduction

1. This Policy shall come into force on 29th July, 2021.

2. Unless the context otherwise suggests, the definition clause as under Article 3 of the
Constitution shall apply in addition to:
(a) ‘Effective Ranking’: The process whereby the Higher-Ranked students in the Pool
shall be given preference over the Lower-Ranked students. This system mandates that
the exercise of rank results in such person being demoted to the bottom of the Pool
immediately after the exercise of his/her option.
(b) ‘Exercising Option’: The power of a member of any Pool to apply for a Moot Court
Competition/Client Counselling Competition that has been oriented to such Pool.
(c) ‘Open Challenge’: When a participating slot for a Moot is opened out to the NLIU
Student Body at large, not limited to members of any Pool.
(d) ‘Orientation’: The offer to participate in a specified Moot Court Competition/ Client
Counselling Competition to the members of a particular Pool.
(e) ‘Original Effective Rank’: In case of retraction from the Moot Court Competition/
Client Counselling Competition or cancellation of the same, due to exceptional
circumstances of COVID – 19, the original Pool rank of the candidate shall be
restored for his/her future mooting activities.
(f) ‘Pool’: The body comprising students who as a result of the Selections are eligible to
participate in the Moot Court Competitions/Client Counselling Competitions that
shall be oriented to it.
(g) ‘Selections’: The process of selecting the students based on their performances in
terms of ranks.
(h) ‘Junior Researcher’: Any First-Year student, who shall assist an ongoing moot team
in the capacity of an additional researcher, but is not a regular member of the team.
3. This Policy shall be binding on all current and future students of NLIU.

4. Any situation not contemplated by this Policy shall be dealt with in accordance with the

1
principles of Natural Justice.

Chapter II: Communication(s) to and from the MCA

5. All official communication(s) to the MCA shall take place through the official email
mca@nliu.ac.in. No communication(s) shall be effective and/or binding upon the MCA
unless it is communicated through the afore-mentioned mode.
6. All orientations, notices, notifications, clarifications, decisions, resolutions etc. shall be
communicated to the students via the MCA e-Notice Board on Facebook and/or through
the NLIU Moot Court Association Facebook/LinkedIn Page.
7. If the MCA alters the aforementioned communication policy, then appropriate
announcements shall be made to the students notifying them of such alteration.

Chapter III: National Moot Pool Selections

8. The annual NLIU National Moot Pool Selections shall be conducted for the purposes of
selecting students who will participate in Moot Court Competitions based on Indian laws
and that are conducted and completed in India and are named as such.
9. The NLIU National Moot Pool Selections shall comprise of two independent categories:

a. Speakers’ Pool; and

b. Researchers’ Pool.

10. A team shall be formed as a result of members of both categories exercising their option
to participate in the oriented competition.
11. The Selections shall be conducted through an ‘Individual Challenger’ – in which students
shall participate as individuals. All currently enrolled students of 1st to 5th year of the
B.A., LL.B (Hons.) programme at NLIU are eligible to participate in either or both
categories of the NLIU National Moot Pool Selections. The MCA shall, in this regard,
release the National Moot Pool Selections Rules which shall govern the conduct of the
Selections.
12. The problem(s)/fact-sheet(s) forming the basis for the Selections shall be based on
relevant municipal law issues. All participating students are mandatorily required to
submit their written arguments on the notified date prior to the Selections taking place.
All submitted memorials shall be assessed by the drafters of the problem/ faculty and/or
the judges, in consultation with the MCA.
13. Students contesting for the Speakers’ Pool are required to present their arguments in oral
format on both days of the National Pool Selections. However, the MCA at any point, at

2
its discretion can change the Rules of the Pool Selections. The Rules concerning the
conduct of the Selections shall be released by the MCA in due course.

14. Students desirous of participating in the Researchers’ Pool must compulsorily write the
‘Researchers’ Test’, based on the problem(s)/fact-sheet(s) for the Selections which may
be conducted prior to or after the oral rounds. However, only those who have submitted
written arguments shall be eligible to write the Researchers’ Test. The written submissions
must not be a skeletal submission, which shall be summarily rejected by the MCA.
15. A researchers’ rank in the Researchers’ Pool will be determined on the basis of an
aggregate of both the Researchers’ Test score and written arguments marks. The MCA
reserves the right to set a minimum threshold as eligibility for the researchers’ score,
irrespective of the consequent strength of the Pool.
16. In a situation where a complete team is not formed out of a combination of the Speakers’
and Researchers’ Pool, the MCA shall have the discretion of re-orienting the remaining
slots, in absence of any application of the next highest ranker, to the same National Moot
Pool again or to Open Challenge, specifying the names of member(s) of the team.
17. The National Moot Pool shall operate on an Effective Ranking process.

Chapter IV: International Moot Pool Selections

18. The annual NLIU International Moot Pool Selections shall be conducted for the purposes
of selecting students who will participate in moot court competitions based on
foreign/international law and that are conducted and completed in India or abroad and are
named as such but does not include annual NLIU Arbitration Moot Pool Selections
specified under Chapter V.
19. The structure of the NLIU International Moot Pool Selections and process of the
International Pool Selections shall be identical to that of the NLIU National Moot Pool
Selections, as provided under Chapter III with necessary adaptations and modifications.
20. The ‘Compromis’ that forms the basis of the NLIU International Moot Pool Selections
shall be based on current developments in international mooting.
21. The team structure for all Competitions shall depend on the composition requirement of
the Competition in question.
22. In a situation where a complete team is not formed out of a combination of the Speakers’
and Researchers’ Pool, the MCA shall have the discretion of re-orienting the remaining
slots, in absence of any application of the next highest ranker, to the same International
Pool again or to Open Challenge, specifying the names of member(s) of the team.

3
Chapter V: Arbitration Moot Pool Selections

23. The annual NLIU Arbitration Moot Pool Selections shall be conducted for the purposes
of selecting students who will participate in Moot Court Competitions based on
Indian/Foreign/International arbitration law and that are conducted and completed in India
or abroad and are named as such.
24. The structure of the NLIU Arbitration Moot Pool Selections and process of the Arbitration
Moot Pool Selections shall be decided by the MCA prior to the release of the case record.
25. The number of slots offered for a moot shall depend on the rules of the concerned
Competition.
26. Considering the Arbitration Moot Pool is being conducted in a Team Challenger format,
an individual shall have the right to withdraw from the team pre-allotment and the vacant
slot shall be oriented to Open Challenge, subject to discretion of the team and in
accordance with the Rules of the Moot. In case there is a conflict between the team, the
decision shall be taken by majority of the team members. However, if the conflict still
remains, the decision of the MCA shall be final and binding.

Chapter VI: Client Counselling Pool Selections

27. The annual NLIU Client Counselling Pool Selections shall be conducted for the purposes of
selecting students who will participate in Client Counselling Competitions based on
Indian/Foreign/International law and that are conducted and completed in India and/or
internationally and are named as such.
28. The Selections shall be conducted through a ‘Team Challenger’ – in which
students shall participate in teams of two students each. All currently enrolled students of
1st to 5th year of the B.A. LL. B (Hons.) programme at NLIU are eligible to participate in
the Client Counselling Pool Selections.
29. The MCA shall, in this regard, release the Client Counselling Pool Selections Rules which
shall govern the conduct of the Selections.
30. The Client Counselling Pool shall operate on an Effective Ranking system.

Chapter VII: Freshers’ Moot Pool Selections

31. All first-year students will be eligible to participate in an ‘Annual Freshers’ Moot
Tournament’, that shall serve as Selections for the annual NLIU Freshers’ Moot Pool.
Students of the first-year shall form teams of two and participate in the Selections as such;
however, they shall be ranked as individuals. The size of the Pool shall depend on the

4
strength of the participation.
32. Certain categories of moots, as the MCA may deem fit, shall be oriented to the Freshers
Moot Pool. The decision of MCA shall be based on:
- Difficulty level of the problem;

- Subject matter of the problem;

- Organising institution;

- Potential exposure;

- Reputation of the competition.

- Edition of the moot.

Chapter VIII: Orientation Process

33. No student or team is permitted to participate in any Moot Court Competition or Client
Counselling Competition without the same being oriented to any of the Pools by the MCA.
Further, no individual/team shall register for any such competition oriented by the MCA
before receiving the allotment mail. The MCA reserves the right to debar the
individual/team not complying with the provision for a time period which may extend to
12 months.

34. A moot shall be oriented in its corresponding Pool as per its core subject matter. The MCA
will consider factors like the forum in which the dispute will be argued, subject matter of
the moot proposition, legal issues involved, etc. The final, non-appealable decision to
orient a moot to a particular Pool rests with the MCA.
35. A moot will be oriented to the concerned Pool for which the Pool members (speakers’ and
researchers’, whichever is applicable) will have a window of maximum 48 hours within
which they must exercise their option.
36. The MCA reserves the right to orient moots or client counselling competitions with ‘no
reimbursement’ in consonance with clause 38. However, full reimbursement will be
awarded to a ‘meritorious team’ in such competitions. Such competitions will be notified
as such at the time of orientation. Meritorious team will be limited to the following-
1. The team was adjudged as the Winners of the Competition;

2. The team was adjudged as the Runners-up of the Competition.

Note: Awards such as best memorial and best speaker/ researcher will not be included
for the purposes of this clause.
37. In case of failure to receive applications from the concerned Moot Pool, the said moot

5
shall then be oriented to the University in the form of ‘Open Challenger’.
38. The decision as to whether a moot or any competition is required to be oriented rests
solely with the MCA, and in coming to the conclusion, the MCA shall take into account:
- Organising institution;

- Reputation of the moot;

- Edition number.

Provided that, this rule shall be relaxed in case of orientation to Freshers’ Moot Pool. In
case of any dispute over the orientation, the same shall be referred to the Convenor/Co-
convenor of the MCA.

Chapter IX: Open Challenge Process

39. In furtherance of clause 37, an open challenge shall be conducted either as a Team
Challenger or as an Individual Challenger.
(a) Team Challenger: When no individual (whether speaker or researcher) exercises
his/her option for the oriented moot from the concerned Pool.

(b) Individual/Single-Slot Challenger: When one or more members apply from the
pool but all positions of the team are not filled-in as required by the rules of the
concerned competition, then the vacant position (whether speaker or researcher)
shall be oriented as an ‘Individual/Single-Slot Challenger’.
For example: Only one student applied from the speakers’ pool for a moot that requires
two speakers and one researcher, the position of one speaker and one researcher will go
out for open challenge.
40. In case only one team, or an individual (per slot oriented) applies for the Open Challenger,
then, the MCA may require evaluation to be conducted (by way of memorial round and/or
moot round) and such team or individual(s) must score a minimum of 50% of the overall
score in order to be allotted the competition/slot.
Provided that, the MCA shall take into consideration the quality of the competition, while
deciding whether such evaluation is required or not.
41. The method of ‘Cross-Orientation’ shall not be allowed under the Policy. Further, for the
sake of clarification, in case a student, who is a member of a Pool, participates in an Open
Challenger (whether Team or Individual), his/her rank in the concerned Pool shall not be
exercised by Effective Ranking System.

6
Chapter X: Organisation of Open Challenge

42. If the moot is oriented for open challenge in toto, the participants shall form a team as per
the rules of the Competition and will be judged on the basis of a moot round and/or
memorial round, as the case may be. Discretion for introducing a memorial round as the
sole basis of challenger shall rest with the MCA.
Provided that, the moot round shall include both the oral scores and the memorial scores.
However, where the rules of the moot do not provide for memorial scores to be counted
in qualification to advanced rounds (excluding where the Moot has a memorial qualifier
round) the moot round may only be based on the oral scores.
43. The researcher’s position shall be judged by the way of a memorial round and/or a
researchers’ test, if the need so arises. Discretion for introduction of a researchers’ test
shall lie with the MCA.
44. If the position of one speaker and one researcher is set for open challenge, the speaker
shall be judged by the way of a moot round and/or memorial round while the researcher
shall be judged by the way of a memorial round and/or a researcher’s test.
45. In the case of a client counselling competition being oriented to Open Challenge, it shall
be conducted in the form of a simulation of client counselling and a post consultation
session. The problem shall be provided impromptu and the judge shall be decided as per
clause 48.
46. However, the MCA may alter the basis of the selection process depending on the time-
constraints or practical circumstances, including selection on the basis of the previous
mooting achievements/client counselling achievements and/or the Curriculum Vitae of
the Applicant(s).
Provided that, the CV shall be judged on the following, in no particular order:
(a) Co-curricular activities including but not limited to Moots/Client Counselling
Competitions.
(b) Experience attained during the course of Internships.
(c) Publications

Chapter XI: Judging of Open Challenge

47. Written submissions in open challengers shall be judged according to the criteria laid
down in the General Open Challenge Guidelines unless otherwise specified, and shall be
evaluated by a faculty on campus or alumni or fifth or a fourth-year student. In case of
any disclosure of identity by the participant(s) in the written submissions, three (3) to five
(5) marks shall be deducted, depending on the circumstances and the discretion of MCA,

7
from the overall marks awarded. The result shall be binding on the teams. However, teams
shall have the right to request feedback and their scoresheets for the concerned Open
Challenge.
48. Open challenges based on oral rounds shall be judged either by faculty on campus or
alumni or a fifth or a fourth-year student, as per availability. Such Fifth or Fourth-year
student shall be ineligible to adjudge the Open Challenge if any student from their batch
is participating in the same.

Chapter XII: Junior Researcher

49. Any first-year student shall be eligible for being a Junior Researcher (“JR”) for the teams
participating in the Moots specified in Appendix A.
50. The JR shall only assist the team with work related to the moot and shall not be obliged
to discharge any personal obligations of the team members.
51. The work shall be deemed to be completed on the completion of the oral rounds of the
moot and no further obligation would rest on the JR.
52. The JR will only be allowed to assist and/or observe the preparation of the team internally
and shall not be registered as a teammate for the purposes of the said Competition. Further,
the JR shall not accompany the team, as a participant, to the Organizing University.
Provided that, in case a team decides that the JR may accompany them to the Moot venue
(for observing the oral rounds), the expenses therein shall not be covered under the MCA
Reimbursement Policy.
53. The JR shall not act as a speaker during the moot rounds or take the researchers’ test on
behalf of the team under any circumstances.
54. The MCA shall issue a Junior Researcher Certificate, acknowledging the contribution of
the JR in the preparation of the team.
55. The JR shall not be eligible for project substitutions under the MCA Policy.

ALLOTMENT

56. The MCA, in consultation with the Moot Team, shall orient the following positions:
(a) One slot for Category A Moots.
(b) Two slots for Category B Moots.
Provided that, the MCA reserves the right to orient a JR Slot for any other moot on request
of the respective team.
57. The discretion whether or not to engage a JR shall rest with the team. In case a team
decides not to engage a JR, no slots shall be oriented therein.

8
58. In a situation where there are multiple applicants for a given slot, the allotment shall take
place according to the following process:
(a) The team participating shall provide the MCA with a research proposition
relating to the subject matter of the moot.
(b) The MCA shall communicate the same to the applicants, who shall prepare a
research note on the same. This note shall then be evaluated by the concerned
team.
(c) The applicant(s) with the highest marked research note shall be allotted the
position(s) of the JR.
The requirements of the research note shall be notified by the MCA after consultation with
the Moot team. The Research Note shall be coded appropriately to maintain anonymity.
59. In a situation where there is only one applicant for the position, he shall be directly allotted
the position after consultation with the team.
Provided that, after such consultation, should it be deemed necessary, the MCA may
follow the process specified under clause 58.
60. The MCA reserves the right to add/remove/change the contents of Appendix A.

RETRACTION

61. The applicant shall not be allowed to retract their applications after 24 hours (for reasons
other than health, or any other unforeseeable circumstances) of the allotment of the research
topic.
62. Any retraction after the aforementioned limit may result in debarment from all MCA
Activities for a period not exceeding 2 months.

CONFLICT BETWEEN THE TEAM AND JR

63. The following situations may lead to the removal of the candidate as JR:
(a) Repeated non-completion of the work allotted.
(b) Sharing any confidential information/ research drafts to persons outside the team.
(c) Repeated non-communication with the team members.
(d) Any act included in clause 79 (b), (c), (d), (f), (g) and (h) of the MCA Policy.
64. The following situations may result in the prohibition of the team members from engaging
a JR for the respective moot:
(a) Assigning the JR personal work.
(b) Any act included in clause 79 (b), (c), (d), and (h) of the MCA Policy.

9
Chapter XIII: Resolution of Disputes

65. For Open Challenges based on moot rounds, participants shall be informed about the
judge(s) beforehand and shall have the right to raise any objections against the judges upto
5 hours before the commencement of the open challenge. Failure to do so shall be
understood as an implied acceptance of the judge(s). No representations/objections will
be heard against the judges after the open challenge.
66. For judges with respect to open challenge being awarded by way of written submissions,
the identity of the judge shall not be disclosed to avoid any contact between the teams and
the judge. Participants will be informed of the judge’s name at the time of declaration of
result.
67. Any representations concerning the above shall be communicated to the MCA and the
decision will be taken by vote (simple majority requirement) within the MCA and shall
be final and binding on the teams.

Chapter XIV: MCA Mentorship & Lecture Program

68. The MCA shall endeavor to conduct lecture sessions for introduction to Pool selections,
the manner of solving the issues, etc. Subject to availability, the MCA shall engage the
support of alumni for introductory sessions.
69. The MCA shall work in conjunction with other student-run cells of NLIU in order to
conduct classes/lectures over any subject matter of law, mooting, research, formatting,
etc. The MCA reserves the right to make attendance mandatory to these sessions for any
or all sections of the students concerned with the MCA and its activities.
70. Each team, who has been allotted a moot, shall have the right to request for a mentor to
the MCA. The MCA, depending upon the availability, shall allot a 3rd and/or 4th and/or
5th year or an alumnus/alumna as the mentor of the concerned team.
71. In case the allotted mentor becomes unavailable or is not able to discharge his/her duties,
then the team shall apply to MCA for replacement of the mentor.

72. The allotted mentor can submit a feedback of the team’s preparations to any of the MCA
members and the MCA shall have the right to summon the team over the feedback
received from the mentor. Based on the feedback received from the mentor, the MCA
reserves the right to debar the team member/s for a period which may extend to 12 months
and/or prevent any team member/s from going to the allotted moot.
73. The allotment of a mentor shall be done only on the request of a team.

74. The MCA, on request made by a team, for external help, shall attempt to approach

10
personnel experienced in the subject-matter of the moot to act as a Coach for the team
subject to availability and other considerations. However, the MCA cannot always confirm
the availability of a Coach.

Chapter XV: MCA’s Alumni Teaching Program

75. The MCA in collaboration with alumni shall conduct interactive lecture(s) over various
subjects of law on a periodical basis.
76. The aim of this program is to foster a link between alumni and the present students and to
help students learn niche areas of law that our distinguished alumni possess.
77. The lecture(s) shall be open to attend to the entire student body of NLIU. The sessions shall
be recorded and uploaded on a suitable platform.

Chapter XVI: Practice Rounds

78. Depending on the level and reputation of the moot, the MCA, reserves the right to ask the
team to undergo an oral round before leaving for the moot. Violation of the mandate of
the MCA shall lead to a penalty which may extend to debarment of the defaulting members
for 3 months from the MCA-related activities.

Chapter XVII: Penalties and Sanctions

79. The MCA shall exercise supervisory jurisdiction over the conduct of each member of the
team. In case of any indiscipline by any team member towards fellow team member or to
the MCA member or to the organising institution, the MCA, on receipt of any
communication from the aggrieved/complaining party or suo motu, shall have the right to
summon such student over his/her conduct and debar him/her from all MCA-related
activities for a period which may extend to 12 months.
It is hereby clarified that ‘indiscipline’ means:

(a) Instances where a team-member does not accompany the team, without prior
permission of the MCA for such withdrawal, for the Competition (for reasons other
than health or unforeseeable circumstance) shall be considered an act of indiscipline.
(b) Sexual harassment (gender-neutral).

(c) Physical harassment/fight.

(d) Usage of abusive and derogatory remarks.

(e) Isolating/secluding/sidelining any team member to provide with his/her inputs for
the moot.

11
(f) Breaking the rules of the organisers which the organisers regard as such.

(g) Any other acts as the organisers of a competition regard as such.

(h) Any other act which the MCA, in consultation with the faculty in-charge, deems fit
to be regarded as such.
80. Any team member aggrieved by the conduct of his/her team member/s can approach the
MCA with considerable proof and accordingly the MCA shall have the power to summon
such team member/s along with a show cause notice.
81. The following activities shall be deemed as ‘pre-allotment indiscipline’ and on the receipt
of any communication from the aggrieved/complaining party or suo motu, MCA shall
have the right to summon such student over his/her conduct and debar him/her from all
MCA-related activities for a period which may extend to 12 months -
a) Persuading any applicant to a moot to retract or preventing a student from
applying for any moot by way of any action or language that threatens or
coerces any person or involves the usage of any rude, insulting or abusing
language or actions.
b) Asking any MCA member to delay or postpone any moot from being oriented
to any pool;
c) Any other act which the MCA, in consultation with the faculty in-charge,
deems fit to be regarded as such.
Note: for the purposes of this clause the period of ‘pre-allotment’ shall mean the period
post orientation but before the allotment of the competition to the team or slot/s to
students, and does not differentiate between the period of pre-allotment of a competition
being oriented to a Pool or an Open Challenge.
82. Students who have been allotted a moot as a consequence of their exercise of ranks in a
Pool shall be allowed a 24-hour period post-allotment to retract their applications.
Consequently, the slot left vacated shall be allotted to the next-highest ranker who has
applied for the concerned slot. If there is no next-highest ranker, the MCA reserves the
right to reorient the concerned slot/s to the concerned Pool, or directly orient the
concerned slot/s to Open Challenge. Notwithstanding anything mentioned above, in case
there are any retractions post the first allotment of a competition, the MCA reserves the
right to provide all the applicants a 24-hour retraction period post the second allotment,
after which they shall not be allowed to retract their applications.
83. Clause 82 shall not be applicable in case the MCA re-orients a concerned slot/s to the
same pool.
84. Subject to clauses 81 and 82, the following shall be the penalties for retractions:

12
(a) For students who exercise their ranks in a Pool, and retract such exercise prior to
the allotment of such moot to them: No punishment.

(b) For students who exercise their ranks in a Pool, are allotted the moot and then
subsequently withdraw from participating in such moot (for reasons other than
health, or any other unforeseeable circumstances): Debarred from exercising their
ranks for the remainder of the existence of such Pool and shall not be allowed to
contest an Open Challenge for a period which may extend to 12 months. The Moot
shall then be allotted (if possible) to those students who exercised their options
with the next-highest effective rank in the Pool.
(c) For students who apply for an Open Challenge, and fail to retract such application
before 24 hours to moot round/memorial submission: Debarred from all MCA
Activities for a period which may extend to 12 months.
(d) For students who apply for an Open Challenge, take part in the Open Challenge,
are allotted the moot and then subsequently retract their application (for reasons
other than health or any other unforeseeable circumstances): Debarred from
exercising their right to participate in any Open Challenge for a period which may
extend to 12 months and exercise his/her Pool rank for the remainder of the
existence of such Pool. The moot shall then be allotted (if possible) to the next-
highest effective rank in the Open Challenge.
(e) For students who apply for an Open Challenge for which no other team applies,
take part in the Open Challenge, are allotted the moot and then retract their
application (for reasons other than health or any other unforeseeable
circumstances): Debarred from exercising their right to participate in any Open
Challenge for a period which may extend to 12 months and from exercising their
pool ranks for the remainder of the existence of such pool.
85. The MCA may then decide to reduce the Moot to Junk-Status.
86. Notwithstanding any Clause provided in this Chapter, the moots affected by COVID- 19,
shall be governed by Chapter XXI.

Chapter XVIII: Issuance of Reimbursement

87. Subject to confirmation of the Executive Council of NLIU and the rules and regulations
made in this behalf by the MCA and/or the NLIU Administration, the students
participating in the moots/competitions shall be issued reimbursement. The MCA, in
consultation with the NLIU Administration, shall make rules of procedures to be followed
for issuance of reimbursement.

13
88. In order to claim reimbursement, all the participating teams have to necessarily submit a
soft copy of their memorials. No reimbursement shall be approved by the Secretary/ Joint
Secretary unless the team shows that they have submitted their memorials at the link
provided by the MCA.

Chapter XIX: Simultaneous Participation

89. Notwithstanding any custom or practice, a student may participate in a client counselling
competition and a moot court competition, simultaneously.
90. Notwithstanding any Clause provided in this Chapter, the moots affected by COVID- 19,
shall be governed by Chapter XXI.

Chapter XX: Saved Moots

91. No moot/client counselling competition shall be reserved for any Pool, and every moot/
client counselling competition shall be oriented to the Pool in force at the time of receipt
of its information or orientation.

Chapter XXI: Moots Affected by COVID-19

92. This clause shall cover moots that have been cancelled post allotment by the moot
organisers due to COVID-19.
(a) Irrespective of whether the moot was taken from the Pools or the Open Challenge,
the same stands dissolved and team participants have a right to apply for another
moot.
(b) If the cancelled moot was taken from the Pool, the Pool rank of the participant(s)
shall be restored to its Original Effective Ranking.
(c) If such a moot was picked up from the Open Challenge, the participants shall be
considered eligible to contest for an open challenge or exercise their Pool rank.
93. This clause shall cover such moots that have been postponed for an indefinite time period.
(a) The participating team shall be allowed to retract from such moot.

(b) Once retracted, if such a moot was allotted from the Pool, the respective ranks of
the candidates shall be restored to its Original Effective Ranking.
(c) If the moot was taken from the Open Challenge, the team participants shall be
considered eligible to contest for an open challenge or exercise their Pool rank.
(d) In case, the team does not want to retract they shall be obliged to complete their
participation in the allotted moot (whenever it is organised in the future). The right
to allow such participant(s) to pick up any other moot (during the continuation of

14
the original moot) stands with the MCA. The decision of the MCA in this respect
shall be final, binding and non-appealable.
94. This clause shall cover moots that have been postponed for a period of more than four
months (from the original date of the oral rounds of the moot).

(a) The team gets a right to retract from such moot and shall not be allowed to
continue that moot any further.
(b) If the team opts for sub-clause (a) and they were allotted the moot from the Pool,
their original rank gets restored.
(c) If the moot was allotted from the Open Challenge, the team participant(s) shall be
considered eligible to contest for an Open Challenge or exercise their Pool rank.
(d) If the team does not opt for sub-clause (a), he/she shall not be allowed to do a
different moot.
95. This clause shall cover such moots that have been postponed for a reasonable time within
a period of four months.
(a) A participant of such a moot shall not be eligible to exercise his/her Pool rank till
the time the allotted moot is over nor shall such a participant be allowed to contest
an Open Challenge during the pendency of such moot.
(b) The team is not allowed to retract from the moot. In the event of retraction, they
shall be subject to Chapter XVII: Penalties and Sanctions (MCA Policy2021-22).
(c) If the moot gets postponed further beyond a period of four months, such a moot
may be considered to fall under Clause 93 or Clause 94 and the same shall be
applicable.
96. The aforementioned clauses (92, 93, 94, & 95) extend only to such moots that have been
unforeseeably affected by the COVID-19 crisis. These shall not be applicable on moots
which are affected by any other reason than COVID-19.

Chapter XXII: Residuary Power

97. The MCA shall have the power to make rules or issue notification(s) from time to time in
order to give effect to any of the provisions of the Policy contained herein.
98. Any circumstance/situation not contemplated by this Policy, or where no rules made by
the MCA as required by this Policy, then such circumstance or situation shall be dealt
with by the MCA according to customs and practices in an equitable manner, in light of
rights and duties of the concerned student(s), in order to arrive at a just, fair and reasonable
decision. Any grievance shall be reported to the Faculty in-charge of the MCA.

15
Chapter XXIII: Amending Power

99. The MCA may amend by way of a simple majority within the MCA members, or issue
any clarification in furtherance of any clause of, this Policy with the final approval of the
Faculty in-charge, MCA.

Chapter XXIV: Repeals and Savings

100. With effect from this Policy coming into force, the MCA Rules, 2020, and any other
instrument having the force of authorization of the MCA (except those issued by the MCA
2021-22) shall stand repealed.
101. All actions carried out under the MCA Rules, 2020 or any other instrument having the
force of authorisation of the MCA shall not be affected by the repeal of the MCA Rules
or such instrument by effect of this Policy.

***

SAHIL SONKUSALE
CONVENOR

DEVANSHI PRASAD
CO-CONVENOR

16
APPENDIX A

Serial Category A Category B


Number

1 NUJS-HSF National Philip C. Jessup


Corporate Law Moot International Law Moot
Court Competition Court Competition

2 NLUJ Antitrust Law Moot Court Ian Fletcher International


Competition Insolvency Law Moot Court
Competition

3 NLS Trilegal International John H. Jackson Moot Court


Arbitration Moot Competition

4
NLUD Insolvency and Willem C. Vis
Bankruptcy Moot International Commercial
Arbitration Moot
Competition

5 KK Luthra Memorial Moot Court


Willem C. Vis East International
Competition
Commercial International Moot

6
NALSAR Justice B.R. Sawhney Foreign Direct Investment
Memorial Moot Court International Arbitration Moot
Competition

7 Monroe E Price Media Law Moot


National Law University Odisha
Court Competition
Bose & Mitra & Co. International
Maritime Arbitration Moot

8 Herbert Smith Freehills


Frankfurt Investment Arbitration
Competition Law Moot, King’s
Moot
College London

17
9 Leiden Sarin International Air Annual Stetson International
Law Moot Court Competition Environment Moot Court
Competition

10 Manfred Lachs Space Law


Nuremberg Moot Court
Moot Court Competition

11 D.M. Harish International Moot The Bar Council of India Trust


Court Competition All India Inter – University
Moot Court Competition

12 Annual Oxford International


Intellectual Property Law Moot
Court Competition

13 The Nelson Mandela World


Human Right Moot Court

18

You might also like