ADR Competitions and how to compete, Schemes and Mind Maps of Procedural Law

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• 21 – 23 April,

21 – 23 April, 202 3

OUR INSPIRING LEADERSHIP

“My mission is nation- building through education and beyond.”

- Dr. Ashok K. Chauhan Founder President Ritnand Balved Education Foundation (RBEF) (The Foundation of Amity Institutions and the Sponsoring Body of Amity Universities)

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VICE CHANCELLOR’S MESSAGE

PROF.(DR.) P.B. SHARMA

Vice Chancellor Amity University Haryana India, being a country that upholds the values of righteousness and fairness, has always strived to uphold the concept of "Justice for all". The profession of Law is no exception, where the paramount consideration is to serve the public and stand as defenders of truth. In order to practice this profession with utmost sincerity and commitment, proper legal education is essential, which would prepare Law students to become experts in their field. Legal education requires not just a comprehensive knowledge of the laws and systems of jurisprudence but also skills of organizing the facts, articulating grounds and also arguing for and against the issues involved. This requires, besides knowledge and communication skills, a firm commitment and resolve to use legal profession as a "Privilege to Serve and a Privilege to Excel". Moot Court Competitions organised by Law Schools at National and International levels, play a vital role in helping students to improve their research abilities and are aimed towards professional development of Law students that emerge out of such intellectual exercises. I compliment Maj. Gen. P.K. Sharma, Director Amity Law School and Dean Law Faculty, and his entire team for hosting the 1st Amity International Moot Court Competition. Let this 1st Amity International Moot Court Competition inspire all the participating team members from India and abroad to deepen their interest in the study of law and sharpen their intellect to develop the vital skills. I extend my very best wishes for the successful organization of this Event.

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PRO VICE CHANCELLOR’S MESSAGE

PROF. (DR) VIKAS MADHUKAR

Pro Vice Chancellor Amity University Haryana The fundamental ideology of Amity University Haryana is to attain academic eminence through ground-breaking innovation, seamless integration with the industry, and a steadfast commitment to internationalization. This unwavering dedication towards excellence in academics is reflected in the arduous academic programs and impeccable teaching that inspires a passion for learning among the students. It embodies an unyielding pursuit of scholarly achievement, ground-breaking research, advanced critical analysis, and innovative thinking, which empowers students to transcend the classroom and face real-world challenges using their instincts, negotiating skills, collaboration, and experiential learning. Amity Law School is committed to promoting and encouraging young talent in the realm of Oral Advocacy Research, Legal Aid, Publications, Debates, and Moot Court Competitions, providing students with the platform to enrich their skills and bolster their legal careers. Understanding the symbiotic relationship between law and society and the criticality of law in the era of globalization, Amity Law School endeavours to prepare students to become socially conscious and professionally competent individuals. Through fostering close collaborations between students, teachers, and prominent scholars from around the world, Amity Law School provides a holistic environment for students to become not only efficient Lawyers but also cosmopolitan individuals and responsible contributors to global jurisprudence. Amity Law School has set a new benchmark for the University by successfully hosting consecutively 5 National Moot Court Competitions, which have been consistent in their triumph, adding to the University's immense pride. Congratulations to Amity Law School for successfully hosting the 1st Amity International Moot Court Competition. I congratulate Maj Gen P K Sharma , Director Amity Law School and his team for organising this event and extend a warm welcome and convey my heartfelt best wishes to all the participants and wish the Event an extraordinary success.

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AMITY LAW SCHOOL

The VISION of Amity Law School, Haryana, is to strive to be a leading Institute recognised internationally and known for its socially relevant legal research and education. In pursuing its vision, Amity Law School has as its mission, the creation and sustenance of a research based academic environment which is grounded in values of social justice and excellence. The values of Amity Law School are fully aligned with those of the University with a view to create a culture that reflects these values. The members of Amity University Law Faculty believe that our community of scholars must base their pursuit of knowledge through research, teaching, and learning with membership acquired on the basis of intellectual merit, ability, and the potential for excellence. The different perspectives arising from diverse backgrounds and histories that define our identities deepen scholarly inquiry and enrich academic debate. We cherish: Academic freedom, creative and innovative thought, ethical standards and integrity, accountability and social justice; our staff and students, who are the faculty’s core asset. We foster: An inquiry‐led and evidence‐based approach of creating knowledge; and academic citizenship, whereby we commit ourselves to harnessing our intellectual abilities in the interest of our nation and humanity. We recognise: In a resource‐constrained world where vast disparities remain, the faculty must endeavour to produce Graduates who appreciate the importance of community engagement, entrepreneurial endeavours and innovative actions in generating employment and development in our local communities.

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AMITY MOOT COURT SOCIETY

Our Motto “To create an army of competent and conscious lawyers who shall strive towards dispensation of fair justice to one and all without fear and favour.” The Moot Court Society of Amity Law School, Haryana works through the combined efforts of exceptionally competent Faculty as well as the enthusiastic students and organises various Competitions to brush up the practical knowledge in the field of law in the students. The efforts of the Society are channelized towards grooming the law students to make them fit for the legal world. It provides them with the opportunity to get trained at working in teams by giving different challenges in order to mould their attitude and personalities and prepare them to face life situations gracefully. Moot Court Competition is a valuable exercise for the law students to hone both their written and oral advocacy skills in the competitive field of advocacy. It has been a part of the process of the training lawyers for decades and plays an important role in legal education at ALS Haryana and will be organised by “Amity Moot Court Society.” Every year the Society develops a hypothetical legal problem for the Competition that provides an opportunity to students to utilise their legal acumen. It also ensures the availability of study rooms for the students to help them prepare for the Competition. The main aim of the Society is to ensure a nice and safe stay of all the Teams by looking into all necessary matters like accommodation, food, transport, security, connectivity etc. The Organising Committee of the Competition strives to successfully organise the 1 st^ Amity International Moot Court Competition, 202 3 (Virtual) and this event will be another milestone for the Law School as well as the University.

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2 nd^ Amity National Moot Court Competition, 2017

The 2nd Amity National Moot Court Competition, 2017 was yet another milestone in its stride towards academic and professional excellence of Amity Law School, Gurugram. Following the active participation of 36 Teams in the last Competition, this year the counting continued for 38 selected Teams battling out in this Competition to discuss and determine the standing of Constitutional Law related issues. The Competition was graced by the presence of Hon’ble Mr. Justice G.S. Shinghvi, Former Judge Supreme Court of India, Shri Ram Jethmalani, Senior Advocate Supreme Court of India, and Shri Salman Khurshid, Senior Advocate Supreme Court of India. The Winners received Rs. 30,000 as cash prize and SCC Online Platinum Web Edition. The Runner up team received Rs. 15,000 and a SCC online Platinum Web Edition. The winners of the Best Memorial, Best Researcher and Best Speaker awards received trophies, and SCC Online Platinum Web Edition. Winner Symbiosis Law School, Pune Runners Up Rajiv Gandhi National University of Law, Patiala Best Memorial Chanakya National Law University, Patna Best Speaker (Male) Mr. Rohan Priyadarshi, Symbiosis Law School, Pune Best Speaker (Female) Ms. Raina Mahapatra, Symbiosis Law School, Pune Best Researcher Ms. Khyati Lohan, Symbiosis Law School, Pune

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3 rd^ Amity National Moot Court Competition, 2018

The 3rd Amity National Moot Court Competition, 2018 was another excellent opportunity for the budding lawyers to get back in form and put their best word forward. The legacy continued and the 3rd National Moot Court Competition was no less but only better with the active participation of 33 Teams from all over India. The event aimed at stirring the pot of advocacy in order to get the participants gulp of the potion and get trained for the world. The Constitution related Moot problem seemed not to be a shackle for the young and talented participants. The Teams from ILS Law College, Pune, School of Law Christ University, Bengaluru, Government Law College, Mumbai and School of Law, Shastra University, Tamil Nadu made up to the Semi-Final Rounds. Finally, the top teams were Christ University, Bengaluru and ILS Law College, Pune battled for the winning trophy with their argument and oratory skills and were judged by a dynamic and elite panel of Judges. The Inaugural Ceremony was graced by the presence of Shri Ram Jethmalani, Senior Advocate Supreme Court of India and member of Parliament (Rajya Sabha); Padma Shri Dr. T.K. Visvanathan; Ms. Ruby Yadav, Mrs. Universe West Asia 2015; Ms. Sushma Sahu, Former President of Mahila Morcha, Bihar and Ward Councillor, Patna Municipal Corporation. The guests for the Valedictory Ceremony were Hon’ble Justice Swatanter Kumar, Former Chairperson NGT; Shri Salman Khurshid, Senior Advocate Supreme Court of India; Mr. Anand Grover, Senior Advocate, Supreme Court of India; Ms. Geeta Luthra, Senior Advocate, Supreme Court of India, Dr. Mukulita Vijayawargiya, Eminent Lawyer, Academician and Administrator. Winner School of Law, Christ University, Bengaluru Runners Up ILS Law College, Pune Best Memorial Symbiosis Law School, Pune Best Mooter Ms. Tanya Chib, GLC, Mumbai Best Researcher Mr. Nakul Mehta, Law College, Dehradun

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5 th^ Amity National Moot Court Competition (Virtual), 20 22

After the resounding success of the past four National Moot Court Competitions, the Moot Court Society of Amity Law School, Haryana, impeccably organized its highly anticipated 5th Amity National Moot Court Competition, 2022 via online mode. An overwhelming number of active and zealous participations were observed from the most esteemed and prestigious Law Universities/Colleges across the Nation. The event aimed at exhibiting and highlighting the astute advocacy skills and unparalleled legal expertise of the participants. The grand Inaugural Ceremony was graced with the distinguished presence of Lt. Gen. Gurmit Singh, the Hon’ble Governor of Uttarakhand, and Prof. S.P. Singh Baghel, the Hon’ble Minister of State, Law & Justice, Government of India. Their distinguished presence added an extra layer of grandeur and magnificence to the already dazzling event. The splendid Valedictory Ceremony was graced by the renowned presence of Prof. Balraj Chauhan and Col R Balasubramanian (Retd). Their eminence and intellect added a touch of distinction to the grand event. Winner National Law University, Delhi. Runners Up Lloyd Law College, Noida. Best Memorial Sikkim Govt. Law College Best Mooter Manya Gupta, National Law University, Delhi. Best Researcher Ms. Avantika, Campus Law Centre, University of Delhi.

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MOOT PROPOSITION

1. The United States of Shina (the USS) is a developed country in South Asia, well-known for being the world’s most populated country of 1.3 billion people. The USS gained independence, on 21st^ October 1943, after a century-long rule by different foreign powers. Upon securing independence, the country adopted a Constitution transforming the hitherto servile polity into a strong Democratic Republic.
2. On its western front, the USS shares the border with a hostile neighbouring country, Kajistan. Kajistan has a population of around 500 million people and is governed by a Constitution that recognizes the country as a Democratic Communist State. In the past, the country has suffered military coups twice. As much public health and education have kept declining, inflation has kept turning the opposite way in Kajistan and lately, popular unrest has grown stronger in the country.
3. The relations between the two States have been rough. Three wars have been fought in the past 30 years and numerous incidents of cross-border violent hostilities have kept frequently recurring.
4. In May 2021, the Federal Agency of Intelligence (FAI) of the USS received intelligence inputs from Kajistan that a communist militancy group, Aawaam-e-kajistan , was receiving Kajistan Government’s aid to orchestrate a terror attack in Ropaan, a city in the western USS. The President of the USS called for a confidential meeting of the Minister of Defence, Minister of Home Affairs, Chief of Defence Forces, and Principal Secretaries of Intelligence Agencies, wherein pre-emptive measures were proposed and decided. The FAI traced the precise locations of the terrorist camp of Aawaam-e-kajistan across the border, based on which, a Special Force was set up, and directed to strike the targets on 15 June
5. As the Special Force reached the targeted camp, the Officer in Charge commanded the squad to attack any enemy sniper nest it detects. The squad mistook a civilian house nearby for a sniper nest and fired an RPG at the said house. Unfortunately, 20 civilians died due to the explosion. This Operation failure sent the international community and media into a frenzy. Violent demonstrations began in Kajistan, with people demanding that the country goes to war against the USS to avenge the killings of innocent people. The Government of Kajistan declared that this was a deliberate act of war and warned the USS to be prepared for “unimaginable repercussions”. It announced:

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10. The Kajistan Government refused to get involved in the crisis and made no efforts to secure the release of the hostages. In fact, the Government of Kajistan was believed to have provided direct support and encouragement to the group of protestors holding the Embassy hostage since the beginning of the crisis. Members of that group were allowed to come and go freely from the compound. It was also believed that the Government of Kajistan supported the demands of those holding the hostages, endorsed the charges of espionage against Embassy personnel, and threatened to put the personnel on trial for espionage.
11. As the crisis entered its fourth day, a confidential paper leaked in the world media from the Ministry of Defence of the USS, reporting the engagement of some Embassy Officers in illegal espionage activities. The Kajistani authorities then claimed to have evidence of covert operations by the USS Embassy Staff, including attempts to destabilize the Kajistani Government and incite unrest among the local population. Kajistan officials also claimed that the USS Embassy had been providing support to opposition groups in Kajistan. According to Kajistani officials, the anger and frustration of the protestors, who stormed the USS Embassy, was a legitimate response to these actions by the USS Government. After this leak, Kajistan completely stopped responding to the correspondence of the USS.
12. On the 18th^ day, the Government of the USS filed an Application before the International Court of Justice claiming that Kajistan has violated the Vienna Convention on Diplomatic Relations of 1961 and its Optional Protocol concerning the Compulsory Settlement of Disputes, the Vienna Convention on Consular Relations of 1963 and its Optional Protocol concerning the Compulsory Settlement of Disputes of that Convention, the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents of 1973.
13. It further claimed that under the foregoing International Legal Obligations, the Government of Kajistan be directed to secure the safe release of all the USS nationals currently being detained within the premises of the USS Embassy; that the Government of Kajistan submits for prosecution of those persons responsible for the crimes committed against the premises and staff of the USS Embassy.
14. The Government of Kajistan filed objections against the USS’s Application on grounds of non-violation of International Law, absence of ICJ’s jurisdiction to hear the dispute, commission of the alleged act by an armed mob and not by the State, existence of a ‘state of armed conflict’ when the alleged act took place and the inapplicability of the Conventions during the existence of a state of armed conflict.

21 – 23 April, 202 3 Note: The USS and Kajistan are Members of the United Nations and signatories to: a. The Vienna Convention on Diplomatic Relations of 1961 and the Optional Protocol concerning the Compulsory Settlement of Disputes of that Convention, b. The Vienna Convention on Consular Relations of 1963 and the Optional Protocol concerning the Compulsory Settlement of Disputes of that Convention, c. The Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, of 1973, d. The four Geneva Conventions of 1949 and their Additional Protocols of 1977, e. The Hague Convention of 1907, f. The Statute of the International Court of Justice

21 – 23 April, 202 3 (Speaker 2 ) (Researcher) **Name and Signature of Faculty In-charge:

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Institution’s Seal:**

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IMPORTANT DATES

Last date for Provisional Registration Monday, 10 April 2023 Last Date for completing the Payment Process and submission of the soft copy of Registration Form Friday , 14 April 2023 Last Date for seeking Clarifications Friday,1 4 April 2023 Release of Clarifications Saturday, 1 5 April 2023 Last date for submission of soft copies of Memorials Tuesday, 1 8 April 2023 Inauguration Ceremony Friday, 21 April 2023 Researchers' Test Friday, 21 April 2023 Preliminary and Quarter-Final Rounds Saturday, 22 April 2023 Semi-Final and Final Rounds Sunday, 23 April 2023 Valedictory Ceremony Sunday, 23 April 2023