ANURUDDHA CHAUHAN

2023-2026
LLC ‘C’

LLOYD INSTITUTE OF MEDIATION & ARBITRATION

LIMA-Electio

NEGOTIATION PLAN
 Negotiation plan from the side of Marine Auto Limited (MAL)

1. Negotiation Strategy:

The goal from the MAL side is, it doesn't go in any loss due to the termination of the
Charter Hire Agreement (CHA) and also maintain the relation between both the
parties for the future operations.

The objective in this situation is to get employment for MAL with leading MAL to do a
contract with a small company provided by Energy X and get 25 lakhs as
compensation.

2. Division of responsibilities and tactics between Client and Counsel

during the Mediation Session:

The client says that Energy X had abused its dominant position in the relevant
market through the unfair and anti‐competitive unilateral termination clause and
demanded Energy X either provide MAL with Rs. 2 crores compensation or Energy X
commences with its operations but now under extra costs payable to MAL.’

The council of MAL says Energy X has very bad tendency to breach the agreement
at last minute. the unilateral termination is the breach of contract as the Energy X did
not provide any prior information to the MAL it evident that a contract could not be
terminated until it is communicated to the other party. Energy X is making excuses of
environmental pollution, war and about various risks.

3. Marine Auto Limited (MAL)’S Underlying Interests:

MAL want to do business for employment and money; hence he works with big
company they will have a repo and get some big contracts from the other companies
on behalf of this repo.

4. Marine Auto Limited (MAL)’S BATNA:

MAL will reveal the secret agreement in public which they had with Energy x and
publish them, MLA will show all the one sided and biased clause they do in CHA to
the other companies.
 Negotiation plan from the side of Energy X

1. Negotiation Strategy:
The foremost goal of the Energy X to not provide any damages to MAL and also
maintain relation between Energy X and MAL so they can have business.

The objective is that the Energy X have no big loss in this negotiation and lead
Energy X to use their sources and provide new company to MAL for employment
even if the company is small and just give 25 lakhs.

2. Division of responsibilities and tactics between Client and Counsel

during the Mediation Session:
The client will say there is so much difficulties we are facing in the operation of
activities, we never invoked this clause of CHA before, we tried for exploration but
there are various risks to do new exploration and it causes environmental pollution.
we are also committed to renewable energy.

The council of energy x says the contact had unilateral clause from the beginning of
CHA and MAL also agree on this agreement with their free consent so they have no
right to claim damages from my client.

3. Energy X’S Underlying Interests:

Energy X wanted to save his money as much as they can because some big
companies who got affected with the Russia-Ukraine civil tension are providing OSV
on the half of the rate of MAL’S contract.

4. Energy X’S BATNA:

As Energy X is very big player of the market will meet with other companies of this
market and disrepute the name of MAL and make sure the other companies will not
have contract with MAL and they get supplies from the other companies.