NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

MOOT COURT ASSOCIATION POLICY, 2019

Academic Year 2019-20

MOOT COURT ASSOCIATION

Passed and approved by the Faculty in-charge, Moot Court Association, on 29th May, 2019
 In exercise of the power granted to the Moot Court Association of the National Law Institute
University, Bhopal (“MCA”) under Article 10 of the MCA Constitution, 2007 (“The
Constitution”) and in furtherance and supersession of the MCA Rules, 2018, the MCA hereby
notifies the Moot Court Association Policy, 2019 (“Policy”).

Chapter I: Introduction
1. This Policy shall come into force on 29th May 2019.
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 a 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 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 to the
Members of a particular Pool.
(e) ‘Pool’: The body comprising of students that as a result of the Selections are eligible
to participate in the Moot Court Competitions that shall be oriented to such.
(f) ‘Selections’: The process of selecting the students based on their performances in
terms of ranks.
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
principles of Natural Justice.

Chapter II: Communication(s) to and from 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.

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 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 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 law
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 orientated 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
BA.LL.B (Hons.) programme at NLIU are eligible to participate in either or both
categories of 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 released in the
month of June, and 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 and the judges, in consultation with the MCA.
13. Students contesting for the Speakers’ pool are required to present their arguments in oral
form on both days of the National 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 rejected by the MCA.

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 15. A researcher’s 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 an eligibility for the researchers’ score,
irrespective of the consequent strength of the Pool.
16. The MCA shall have a discretion where in a situation a complete team is not formed out
of a combination of the Speakers and Researchers Pool, the remaining slots, in the
absence of any application of the next highest ranker, shall be re-oriented to the same
National Pool again, specifying the names of members of the team. For example: If only
one speaker applies from the Speakers Pool for a moot which requires two speakers, the
remaining position will be re-oriented as an ‘Re-Orientation’ and the name of the one
speaker who has applied shall be disclosed in the notice of Re-Orientation.
17. The National 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 adaptions 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. The MCA shall have a discretion where in a situation a complete team is not formed out
of a combination of the Speakers and Researchers Pool, the remaining slots, in the
absence of any application of the next highest ranker, shall be re-oriented to the same
International Pool again, specifying the names of members of the team. For example: If
only one speaker applies from the Speakers Pool for a moot which requires two speakers,
the remaining position will be re-oriented as an ‘Re-Orientation’ and the name of the one
speaker who has applied shall be disclosed in the notice of Re-Orientation.

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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 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.

Chapter VI: Freshers Moot Pool Selections

26. All first-year students will be eligible to participate in a ‘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 strength of the participation.
27. 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;
- Organizing institution;
- Potential exposure;
- Reputation of the competition.
- Edition of the moot.

Chapter VII: Orientation Process

28. 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. The MCA reserves the right to debar the student or team for a period which may
extend to 12 months.
29. 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.
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 30. 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.
31. The MCA reserves the right to orient moots or client counselling competitions with ‘no
reimbursement’ in consonance with clause 33. However, full reimbursement will be
awarded to a ‘meritorious team’. Such moots 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.
32. Failing to receive applications for participation from the concerned pool to which a moot
has been oriented, the said moot shall then be oriented to the University in the form of
‘Open Challenger’.
33. 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:
- Organizing 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 and/or the Faculty in-charge of the MCA.

Chapter VIII: Open Challenge Process

34. In furtherance of clause 30, 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 1 or more members apply from the pool
but all minimum 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 1 student applied from the speaker pool for a Moot that requires Two
Speakers and One Researcher, the position of one speaker and one researcher will go out
for open.
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 35. 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.

Chapter IX: Organisation of Open Challenge

36. 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 speaking 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.
37. The researcher’s position shall be judged by the way of written submissions and a
researchers’ test, if the need so arises. Discretion for introduction of a Researchers’ Test
shall lie with the MCA.
38. If position of 1 speaker and 1 researcher is set for open challenge, the speaker shall be
judged by the way of a speaking round while the researcher shall be judged by the way of
a written submission. However, the MCA may alter the basis of selection process
depending on the time-constraints or practical circumstances.
39. If positions of 2 speakers are out for open challenge, the concerned participants can form
a team comprising of 2 speakers and participate in the same. The participants shall be
judged on the basis of a speaking 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.

Chapter X: Judging of Open Challenge

40. For open challenges being evaluated by the way of only written submissions, they will be
judged according to the criterion laid down in the rules of the concerned moot court
competition by a fifth or a fourth-year student. 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.
41. For open challenges based on oral rounds, they will be judged either by faculty on campus
or a fifth or a fourth-year student, as per availability. Participants shall be intimated of the
judge(s) beforehand and they shall be allowed to raise any objections upto 5 hours of
commencement of the open challenge.

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Chapter XI: Resolution of Disputes
42. For open challenges based on oral rounds, participants shall be allowed to raise any
objections upto 3 hours of commencement of the open challenge, failure to do so shall
lead to implied acceptance of the judge. No representations/objections will be heard
against the judges after open challenge.
43. 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.
44. Any representations concerning the above shall be communicated by the MCA to the
Faculty in-charge. Any decision will be taken by vote (simple majority requirement)
within the MCA and shall be final and binding on the teams.

Chapter XII: MCA Mentorship & Lecture Programme

45. 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.
46. 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.
47. 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 MCA and its activities.
48. 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.
49. The allotted mentor shall 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 of 1-12 months and/or prevent
any team member/s from going to the allotted moot.
50. The allotment of a mentor shall be done only on the request of a team.

Chapter XIII: Practice Rounds

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 51. The MCA is relaxing the mandatory requirement of practice rounds. Depending on the
level and reputation of the moot, the MCA, however, 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 upto debarment of the defaulting members for
three months from MCA-related activities.

Chapter XIV: Penalties and Sanctions

52. 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 shall be liable for punishment which may
be upto debarment from all MCA-related activities for a period of 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;
(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.
53. 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.
54. 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 shall be liable for
punishment which may be upto debarment from all MCA-related activities for a period of
1-12 months-
(a) Persuading any applicant to a moot to retract or preventing a student from

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 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 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.

55. 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.
56. Clause 55 shall not be applicable in case if the MCA re-orients a concerned slot/s to the
same pool.
57. Subject to clauses 55 and 56, the following shall be the penalties for retractions:
(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, reasonable and unforeseeable circumstances): Debarred from exercising
their ranks for the remainder of the existence of such pool. 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 Open Challenge rounds/memorial submission: Debarred from all MCA
Activities 1-12 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 unforeseeable circumstances): Debarred from exercising their right to
participate in any Open Challenge for the next six months from the date of such retraction.

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 The moot shall then be allotted (if possible) to the next-highest effective rank in the OC.
(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: Debarred from exercising their right to participate in any Open
Challenge for the next three to six months from the date of such retraction. The
MCA may then decide to reduce the Moot to Junk-Status.

Chapter XV: Issuance of Reimbursement

58. 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.
59. In order to claim reimbursement, all the participating teams have to necessarily submit a
soft copy of their memorials along with the research material. No reimbursement shall
be signed by the Secretary/ Joint Secretary unless, the team shows that they have
submitted their memorials and research at the link provided by the MCA.

Chapter XVI: Simultaneous Participation

60. Notwithstanding any custom or practice, a student may participate in a client counselling
competition and a moot court competition, simultaneously.

Chapter XVII: Saved Moots

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

Chapter XVIII: Residuary Power

62. 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.
63. 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.
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Chapter XIX: Amending Power
64. 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.

Chapter XX: Repeals and Savings

65. With effect from this Policy coming into force, the MCA Rules, 2018 and any other
instrument having the force of authorization of the MCA (except those issued by the
MCA 2019-20) shall stand repealed.
66. All actions carried out under the MCA Rules, 2018 or any other instrument having the
force of authorization of the MCA shall not be affected by the repeal of the MCA Rules
or such instrument by effect of this Policy.

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