MOCK ARBITRATION – SCRIPT FOR ARBITRATION

Poornima: A very good afternoon, all. Thank you joining in the arbitration session.
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Sayooj: Good afternoon all, I am Sayooj. I am a a board certified arbitrator from ICADR
holding over 10years of experience. In pursuance of an Arbitration Agreement dated 12-
December-2018, I have been appointed by my fellow arbitrators for this session.
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Rohith: Good afternoon all. I am Rohit, a board certified arbitrator from ICADR holding
over 5years of experience. In pursuance of an Arbitration Agreement dated 12-December-
2018, I have been appointed by Bhadra Fertilizers and Pesticides as an Arbitrator.
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Poornima: Good afternoon all. I am Poornima, a board certified arbitrator from ICADR
holding over 7years of experience. In pursuance of an Arbitration Agreement dated 12-
December-2018, I have been appointed by Magenta India Ltd as an Arbitrator.
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Sayooj: At the very outset, we would like to clarify that awards delivered in an Arbitration
proceeding are final and binding on the parties. Are the parties clear?
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Rohith: We are here as a panel to listen to your sides, examine the evidence submitted and
give justifiable outcomes.
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Poornima: We would like to request both the parties to maintain the decorum of session and
not involve in employing foul language. The parties can introduce themselves now.
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Poornima: Now, We Request the Parties and Councils to introduce them self.
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Counsel: Yathish / Client: Steefan
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Yathish: A very good afternoon, all. My name is Yathish and I am the counsel for Steefan. In
this Arbitration Session I will be Representing M/s. Megenta India Limited on behalf of my
client.
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Steefan: Good afternoon, everyone. My name is Steefan.
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Counsel: Prerana : good afternoon everyone.my name Prerana and I am counsel for nithin. In
this session I am representing Bhadra fertilizers and pesticides.
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Client: Nithin: good after noon everyone I am Nithin
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Sayooj: Thank you for the introductions. Shall the panel address each party by their first
names?
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Both Parties: Yes Arbitrator.
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Poornima: Before we begin the session, we acknowledge and appreciate the willingness of
the parties to address the dispute for Arbitration with an intent to amicably settle the dispute.

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We confirm the procedure to be voluntary and confidential. We would like to clarify that the
parties have the power and authority to represent your side?
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Both Parties: Yes Arbitrator.
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Rohith: Are the parties participating in the mediation session for the first time?
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Both Parties: Yes Arbitrator.
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Rohith: Alright, that definitely necessitates the Arbitrators to explain the procedure of
Arbitration.
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Poornima: To Reiterate, Arbitration is a procedure in which a dispute is submitted, by an
agreement of the parties, to one or more arbitrators who make a binding decision on the
dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure
instead of going to court. The Arbitrators will frame an agenda which will guide the
resolution. If any differences were to arise in setting of agenda, the parties are free to voice
their opinions.
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Sayooj: The Parties may Proceed with their Opening Statements Now.

Prerana: At very beginning I would like to thank the panel for explaining the ground rules
very clearly which is certain to help us navigate through the session. On the same note, I
would also like to thank M/s. Megenta India Limited and Counsel for taking time off their
buy schedule to be a part of this Arbitration and showing the readiness to cooperate.
To begin with, Bhadra Fertilizers have been in the market for over 6decades and has been the
most sought-after dealer for various manufacturing companies. We received exclusive
distribution rights over BT Cotton from Magenta Ltd owing to our years of good will and
reputation. The current dialogue arose out of distribution of BT Cotto seeds among the
farmers in the district of Hanumakonda. Over 90% of the farmers had purchased these
seeds.Its has been stated by farmers that they followed all instructions while sowing the
seeds but unfortunately none of them germinated. This sad state of affairs prompted farmers
to resort to agitation and strikes which put Bhadra Fertilizers and Pesticides in immense
pressure. Although we waited for things to get settled, our establishment had become subject
to unfair public trial. Due to this circumstance, we have suffered a huge financial loss. In lieu
of these unfortunate developments, we approached the Director and Chairman in the hope of
getting compensation for farmers due to the inefficient quality of seeds that were
manufactured by the Company. We received a very cold response from the company. In
pursuance of an Arbitration Agreement entered by Magenta Ltd and Bhadra Fertilizers and
Pesticides, we are referring the issue for Arbitration.
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Yathish: we would like to thank the panel for explaining the ground rules very clearly which
is certain to help us navigate through the session. On the same note, I would also like to thank
Badhra Fertilizer and Pesticides and Counsil for taking time off their buy schedule to be a
part of this Arbitration and showing the readiness to cooperate. As we know, M/s. Megenta
India Ltd is over more than 30 Years of experience in the seed industry. We are producing
various types of seeds all over the cities, district and villages, we have over more than 5000
happy formers and more than 57 cropped seeds delivered for all over the cities. Coming to
talk about the quality of seeds; they are produced over company owned land under expert

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supervision. The seeds are scientifically tested and grown to yield best results. We also have
over 100-200 technical staff who are appointed only for the purpose of research and
development of seeds. This team has been successfully working relentlessly for the last
30years to ensure that our company is always at the top of the game. In all these years, we
have never undergone any problems like the current one.

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Sayooj: We thank both parties for giving your opening statements. Upon hearing the said statement,
we believe that primary agenda is on the question on the payment of compensation by company to
the farmers. Are the parties accepting of this agenda?
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Both Parties: Yes Arbitrator.

Rohith: Alright, the parties can begin with the discussion.

Nithin: As already stated by my counsel, the reputation of my establishment is at stake. Damage has
already been rendered to my establishment and I am extremely worried about the effects of this
current problem’s aftermath.

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Steffin : I understand your concern but looking through my perspective the accusation made by the
Bhadra fertilizers also tarnishes my reputation

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Rohith : we understand both parties concern and I would like them to put forward the evidence
given by the parties. Whether the quality certificate submitted by the parties are valid?

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Both parties: yes arbitrator.

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Steffin: we already produced the quality certificate of the seed, there are many aspects which might
lead to the failure of the crop.

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Nithin: yes, we agree as I would like to state the we also took all precuations on our behalf of our
farmers. We did fertility test of the soil which is suitable for growth of the cotton.

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Yatish: we should also know the precautionary method taken by the Bhadra fertilizers after the
delivery of the seeds to the company

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Prerana: Absolutely the precautions were taken, we have conducted the soil test and a survey to
verify whether the climatic condition of the place is suitable of growth of the hybrid cotton
distributed by them are suitable or not and all documents related to them are already submitted.
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Poornima : all the documents submitted by both the parties are verified.
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Rohith: the counsel know the suggestion of both parties regarding the solution of the raised
problem
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Prerana: to repair the reputation of my client and also to compensate the farmers we would propose
the compensation of 3 crore.
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Yatish: we are agreeing for the compensation but the amount put forward by the Bhadra fertilizer is
unacceptable and it is going to be a burden on my client to compensate such a huge amount.
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Sayooj: can megants councel specify the amount they would like to compensate Bhadra fertilizers.

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yatish: I am willing to compensate 50% of the amount what they are demanding

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Rohith: does opposite councel agree for the proposal?

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prerana: the amount accecpted by them are very less to compensate for farmers

Poorima: since we have looked into both parties arguments and claims we would like to settle this
dispute, as per decision megant india ltd should compensate the amount of rs.1.5 corers to Bhadra
fertilizers as well as to distribute free seeds worth of 25 lakhs to Bhadra fetilizers and purchase the
yieled for the following year and this all should be overseen by Bhadra fertilizer.

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Rohith: in this manner there will be restoration of both parties reputation and this agreement will
be signed and should be followed without any breach.

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Sayooj: the decision obtained in this session is binding and should be fulfilled without any breach.

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Prerana: we thank arbitrator for the decision and also steffin and his councel for participating in it.

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Yatish: we also like to thank arbitrator and nithin and his councel to co-operating with the session.

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