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NATIONAL LAW UNIVERSITY INTRA-UNIVERSITY MOOT COURT COMPETITION 2011

ADVOKAAN V. THE ATTORNEY GENERAL

MEMORIAL FOR THE PETITIONER ADVOKAAN

MEMORIAL FOR THE PETITIONER

TABLE OF CONTENTS CONTENTS LIST OF ABBREVIATIONS INDEX OF AUTHORITIES STATEMENT OF JURISDICTION SYNOPSIS OF FACTS ISSUES RAISED SUMMARY OF ARGUMENTS ARGUMENTS ADVANCED CONCLUSION/PRAYER PAGE

MEMORIAL FOR THE PETITIONER

LIST OF ABBREVIATIONS

MEMORIAL FOR THE PETITIONER

INDEX OF AUTHORITIES

MEMORIAL FOR THE PETITIONER

STATEMENT OF JURISDICTION

MEMORIAL FOR THE PETITIONER

SYNOPSIS OF FACTS I. THE BACKGROUND The State of Accreria is a mineral rich state in the Union of Visily. There are several Union Territories which, irrespective of their geographical location, are run and managed by the Union Government. About 60 percent of Accrerias population follow the Vero religion, who are strict adherents of non-violence. However, they make up for only 0.425 percent of the national population of Visily. The religious ethos of the Veros is about non-violence of thoughts and actions. Advansa is the biggest city in Accreria and also a Union Territory. It is known for its scenic beaches, beautiful coral reefs, a beautiful set of 80 islands most of which have species of flora and fauna which are not found anywhere else in the world and many such species are nearing extinction, which makes the place a hot destination for tourists all round the year. Two universities of Advansa Universitaria Verovia (henceforth referred to as UV) and Advansa University (henceforth referred to as AU) rank amongst the top ten universities of the world. UV is run by the Vedantam Educational Trust which is sponsored by the Vedantam Industries, while AU is run by the Vedanam Foundation, owned by the Vedanam Inc. UV is run as a minority institution, with permissible instruction of Vero religion as a compulsory ingredient of its syllabi and curricula. It is a well-known fact that both these educational trusts and their investment in education is a manifestation of the competition between the Vedantam Industries and Vedanam Inc. About twenty years back, the Union of Visily was at the verge of sovereign bankruptcy, during which time several international bodies intervened, and assistance in the form of financial and capacity building measures, was provided to Visily. The major contribution was given by the Universal Bank which entered into a twenty-year agreement, wherein the Universal Bank had a right to veto any government decision pertaining to finances, at any time. Thus, with this assistance came intervention and the domestic affairs and foreign policy of Visily were dominated for the first fifteen years by the international agencies which helped it to recuperate the financial crisis. II. THE CONCESSION AGREEMENT Since most of the international agencies chose Advansa as their local seat owing to its infrastructural facilities and its geographical location being on the middle of the Visilian Peninsula, giving it access by land, water and air, the Advansa Airport, normally a military

MEMORIAL FOR THE PETITIONER

airport, was allowed to be used for civilian purposes. However, its use by the officials of several international agencies, which accounted for over 60 percent of the airports use, resulted in a heavy increase in the air traffic which created a problem for military operations, and it was decided to make a new airport. Thus the uninhabited island of Coralia was decided to be made use of for developing a one-of-its-kind airport, with the theme of Pearl Of The Sea. The Visilian Government adopted the model of Public Private Partnership, and invited bids for entering into concession agreement for development of the Pearl Of The Sea airport on B.O.T. basis, with the bid amount being the amount which the concessionaire had to share with the Government, for a period of twenty years after the commissioning of the Pearl Of The Sea; and the government had to provide the land, and was entitled to take over the airport after twenty years. In order to enforce timely performance and fulfillment of mutual promises, the concession agreement had severe penalty clauses and it was decided that in case of failure of the bidder to complete the airport in the time stipulated, the bid security of one Billion Visilian Dollars will be forfeited, and that in case of any failure on part of the Government, the concessionaire is entitled to recover One Billion Visilian Dollars from the Government. Besides technical qualifications, no other condition was announced for the bid process. Both Vedantam Industries and Vedaman Inc. participated in the bid besides other companies, and the concession agreement was finally won by Vedanam Inc. with the work for the new airport beginning immediately. III. THE AGREEMENT BETWEEN ACCRERIA AND UNIVERSAL BANK