A. Under the mechanism of Alternate Dispute Resolution, there are three methods, mediation, arbitration and negotiation. Negotiation is the most informal of the three, and is the basis of any corporate transaction, as before entering into any contract, there is negotiation. The Negotiation Challenge is a competition organized by Harvard Law School and HHL, a premier law school in Germany. Six B-schools and six law schools from around the world are shortlisted on the basis of resume for participation in the competition.
Wednesday, March 24, 2010
The Negotiation Challenge Experience - An interview with Albin Thomas
A. Under the mechanism of Alternate Dispute Resolution, there are three methods, mediation, arbitration and negotiation. Negotiation is the most informal of the three, and is the basis of any corporate transaction, as before entering into any contract, there is negotiation. The Negotiation Challenge is a competition organized by Harvard Law School and HHL, a premier law school in Germany. Six B-schools and six law schools from around the world are shortlisted on the basis of resume for participation in the competition.
Saturday, March 13, 2010
Of mooting, among other things!!
A month of mooting, and you start cursing everything existing on this planet!! :P However, now that I sit to write this, a part of me feels incomplete… It is those days I want to go back to… And, so nothing could have been better than writing a blog entry!.. So, here it is.. I’m sorry, it may feel irrelevant to those who didn’t moot, however, whatever I will pen down will probably connect with all the people who tried their hand at memorial making and the grilling orals!! :P
We were given our problems on 24.12.09,(Yes! Doesn't feel like last year…) however, considering that we are the most diligent people around, and taking into check the fact that we had 1 months holidays to look forward to, the moot problem was certainly the last thing we wanted to look at! And so we technically started work around the 3.02.10, and the news postponing the moots, came like rains in the movie Lagaan.. :P .. So, work started, confusion overloaded, “Please help! Signs came up everywhere!! Sections, articles, acts and statutes were words we started hating! However, those were the days of increased phone calls and Gtalking, reassurances over the mess table, parents calling to ask if we were eating properly( which we obviously were), bunking classes(9 days in a row, yes, I did that)…! The times when people ask you about the progress in moot work( Trust me, that’s all people ask at these times!), and all you can do is *Sigh*..
The memorial submission comes as the part where you feel everything was worthwhile, afterall!! And then when the jumping subsides, and you have had a nice-big team celebration, you are made to realise the amendments you need to submit… :D..
And then came the D-day-Prelims!.. All drenched in sweat, cracking jokes which were not funny, checking heels and shirt, missing annexures, look of sympathy for the first speakers, and some unknown case in the memorial, curiosity regarding judges( We were checking out 5th years in formals and the possible threats attached!!) were somethings worth mentioning!!.. All the bests and you will be goods flew around!!.. With the last round of hugs (Girls do that!!) and melodramatic gestures, we went into our respective courtrooms. And what happens next and the rest, you will have to moot to know it! The only formula that applies is, “if you know it, then Dude(\m/) or if you don’t, Dude( :|).”, and leave the rest to God and Your Lordships!! We were unaware of what happens when you stand at the podium and begin to talk, or rather when you are stopped in mid-sentence!! But, we made it alive... :P The second day had to see another round of butterflies and hazy vision, and the unforgettable moment of panic after seeing the nameplates of the judges, which was the deadly duo of Navin Sir and Tanuj sir, however, they turned out to be awesomeness defined... :) !! And it ended well, with a little melodrama and presence of mind… And then the ecstacy and surprise of making it to the Quarters!!.. Trust me, when you begin to moot, you leave all hopes of making it to the next rounds, and all you pray is that you are not thrown out of the courtroom or your memorial is not flung at your face!!.. Neither of which really happened... :D
There are times when you just want to chuck everything, and go for a long holiday, and that’s when you realize that you have put down the wrong Statement of Jurisdiction! And then urgent calls follow.. :P There are times when you forget what was the case all about, when you want to burn the Constitution to ashes, when you are falling over the laptop but can’t afford to sleep, the dread of the oncoming mid-terms, the convincing parts with the parents when you have to show them that moots are the most important things on the earth, the reminders of mark deductions when you are late(Ahem ahem!!), the ‘Man!Thank God” feeling when they tell you no marks being are being deducted, the hugs after winning one part of the so-called battle, and the glares people give when they see you not working!!.. And somehow, on times like these, God grants everything you ask not-to-happen!! :P
You have to moot to be in an unprecendented situation of the same petitioner-respondent memorials, to know how it feels to see the smug smiles on Akshay’s face just before memorial submissions, to not being able to find a Supreme Court judgement, to know all the WPs and SLPs, to feel the panic of missing CPCs, to have skipped breakfasts, to know of the Supreme court working days, and the Chief Justices of India…(Yikes!!) :P.. You also have to be there to understand how it feels to be up against your best friends, which in this case would be Shreya and Surabhi( who later were the winners, credit obviously going to me and Krithika... :P)out of which one is your roomie (Shreya and me), in a knockout round!.. But, we had the happiness in knowing that we will never end up against each other for any other rounds, whatsoever!!.. :)
Moot teaches you how to take criticism in the best possible way, act on it, expect the least expected, teaches you diligence to a certain extent, teaches you how to remain calm, how to sit in the pressure-cooker and yet not get boiled, become sleep-deprived zombies, reading between the lines, how to go round and round on the same things yet being good, reading 300 page judgments(Uh..huh.. Kesavananda guy, u wait!!), the crossed fingers before the winners are announced, and the hugs and You-did-its followed!! .. You get out stronger, and happier..And you realize that winning does not matter, just like I did... :)
Many might feel that I’m against the idea of mooting, however, you have to understand the underlying obssession which made me write this!! As somebody rightly said, “You always have to moot the second time”! J.. And not forgetting, there’s always a moot hangover… :P
-Kriti
P.S: I'm sorry, I never realised this entry turned out to be sooooo big... Hope its a happy read! :)
Sunday, February 14, 2010
Saving Panthera Tigris: Tough Job Ahead for Asia
Now, I finally begin with what I had to say. Those of you, who are big TV buffs like me, must have observed the advertisements of the Save Tiger Campaign by Aircel. I watched it too, first because they have hunks like Dhoni and Baichung Bhutia in their ad (you can't help but notice them first) but then I was moved by the message it conveyed "Just 1,411 tigers are left in India, will we let our National Animal disappear?" The first image that came to my mind after this was a photograph that I saw in class 9th in my social studies textbook, it displayed almost 30 tigers dead in front of an English police officer, who stood loftily displaying his 4 feet 5 inches long gun with a dozen Indian 'helpers' standing behind him. Sorry for over-reaction but I seriously felt like taking away the Englishman's Gun and shooting him and then posing in the same way in front of his dead body as he did before the tigers.
The reason for tigers being our national animal is that a tiger is a perfect example of beauty, glory, royalty, richness and pride. Other reason is that once upon a time it was found in abundance in our country and it still is in the maximum number in our country. Statistics reveal that currently there are 3200 tigers in the whole world; while a century ago, this number was over hundred thousands. 160 countries over the globe prohibit the sale of tiger's body parts.
In India, National parks like Corbett, Dudhwa, Kaziranga, Kanha and Bandipur contain maximum tiger population. However, increasing human population and illegal trade are the main reasons for tigers being killed here. According to a research by WWF, increase in sea level is also a reason for tiger extinction in countries like Bangladesh. The world famous area for tigers, the Sunderbans have encountered a 96% decrease in the number of tigers. In Russia, ruthless deforestation is giving rise to tiger extinction while in China, the heavy demand for tiger's body parts is a reason for tigers being killed. The situation can be understood by the fact that there are only 50 wild tigers left in China. Vietnam too faces the same holdup. United States has more tigers encaged than in forests, Texas having the maximum number of encaged tigers. Europe exports almost 5.8 tons of palm oil per year, which leads to a vast chopping down of rainforests, a home for tigers in Europe. Nepal has the maximum cross roads over the world, which is responsible for the smuggling of tiger parts.
The main reason for tigers being killed at this large pace is the medicinal value of its body parts. According to the Wild Life Trade Tracks Expert in East Asia, Dr. Priscila Geo, Chinese people believe that medicines made of tiger's bones have magical effect on orthopedic ailments. However, the sale of tiger skin, bones and other parts is prohibited in China since 1993 but still the trade silently continues. The Director of World Bank's Tiger Initiative Project Mr. Keshav Sharma says that over a last few years, the Middle class has grown substantially in China which has resulted into an increasing demand not only for medicine and wine but also for ornamental gifts, hence resulting into more and more killing of tigers.
However, measures are being taken for increasing tiger population around the world. Chinese Scientists have recently proclaimed that they can develop approximately 600 tigers a year by genetic engineering but these tigers will face problems of adjusting with climatic conditions. There is a lot of dispute worldwide regarding this matter as wildlife activists say no to this idea. Asian countries have agreed to contribute largely in the number of tigers and make their number increase substantially till 2022.
Let's hope that this majestic and beautiful animal survives even more on this earth and remain an icon for our country with its inspiring natural characteristics that make it our national animal. Let's hope that we never encounter a day when a tiger deprived of its natural habitat will enter our university campus. Bhopalis must be knowing that there are some real tigers in Kerwa Forests too!
-Durva
Tuesday, January 19, 2010
Of empty hostels and bonfires
With the library closed for the first 3 days due to local and national holidays, the mooters stayed in their respective rooms for a substantive part of the day, only coming out to find the tapra closed and walking back, or to arrange for food. I made regular rounds to the Jessup team's room, to fetch some inspiration from the quartet stuck to their laptop screens. It helped me out a little, but couldn't prevent me from wasting my time on various futile issues like thinking about where to eat for hours and planning meals in advance. So, the year 2009 was ending with most of us making honest attempts at researching, yet often finding ourselves checking out the amazing download speeds that we were getting. GBs in an hour, the WiFi lord was impressed I guess. Some of us did manage to resist the temptation and work, which is something I can never be proud of, because sadly enough I couldn't follow suit. And I paid the price later, working non-stop for more than a day, and convincing the courier service to take my package even without proof of identity. Managed all of that, and learned never to repeat some fatal mistakes that I made during the period.
Some things still need a mention, because of being the only light moments that we had, moments that were free from pressure, and filled with humour. This would obviously include the Christmas Dinner that was delicious, (according to what I am told, couldn't be there) the Bonfire which included ideas like burning the dog and smoking the bonfire flame(one of which was turned into a practical demonstration, I leave it upon you to figure out which one ) and everyone's submission date. All of us managed to submit on time and those of us who didn't quite know how to format, acquired the knowledge the hard way, and the rest we decided to keep for later.
Advice to future mooters staying back:
Make sure you know who else is in the hostel.
Keep listening to music, BUT work!
Always have stuff to eat.
If you're not experienced enough at it, don't sleep for 20 minutes, thinking that you will wake yourself up on time. (You're going to wake up the next morning, take my word)
Keep talking to people. (don't let the big bad moot get you)
And, DHL doesn't take packages after 8:00 PM.
This piece of information, would certainly help.
(I submitted at 8:25 PM, but I was lucky)
-Yash S Vijay
Batch of 2014
Saturday, December 19, 2009
In absurdness
the day when we were back from our term break… all chirpy n fresh…when we stood at our classroom door guessing which prof is gonna teach us next… n not to forget the awe n…. Okay awe… on the face of our 2nd years seeing their future SOL classes… n that freshers..which just feels like… what… couple of days back or something??? N stetsons n tankha n cbcl… phew!!!
Seems like flashes in time….
Lotsa moments if I recount them back…
n it still feels so quick as if time just kept on flying by…
No doubt I m dying to finish off these last papers and run home, shop, meet old friends, relax, njoy, sleeeeeeeep… but at the same time I don’t want this trimester to end… perhaps to stay for a lil longer so that we can live our 1st year more….
Hfff! Its in here where you feel, no matter how much you curse it, hate it, rejoice it, miss it, crib about it... you just can't stop loving NLIU…
2 trimesters down the line n it makes me realise… I have fallen in love with this place…
N time continues to fly by…
Shit!!!
3.30!!!!!! I'm so gonna flunk socio tomorrow!!!!
-Shreya
Wednesday, November 4, 2009
Never Again….Mind It!
23rd, 24th and 25th !!! Yes!! The day really came when I boarded in train for going my home-sweet-home…Ah! So I was in fact going home…flowing like a breeze, I euphorically and safely boarded the train and the journey began…..So what`s new in that? I`ll tell you-
The following conversation took place between me and my co-passenger (sorry I don’t remember his name ) just before few minutes when the train reaches Raipur and I am proud to clarify his misconceptions about the `So called legal profession` (in his terms)…
(The co-passenger will be addressed as Mr. X…No intentions to take a particular name.)
.......................................................................
Take One….Action!
Mr. X: Alone?
Me (With a doubtful expression): Err…Yup
Mr. X: Where are you going?
Me: Raipur
Mr. X: I see
Me: What??
Mr. X: Oh! Nothing…! So which in which class are you? (That’s not his mistake…I hardly look a 1st year student! )
Me (Gladly): Pursuing B.A. LL.B (Hon.) from National Law Institute University, Bhopal
Mr. X: Oh…I am so sorry, you don’t look so old to study in….what college?
Me (with not a very good look): National Law Institute University, Bhopal
Mr. X: Exactly. “To vakil banogi…”
“Ha”, I said.
“Ajkal kaun banta hai?”
Now that was the limit…. “Not again”, I said. People think there is no other profession than engineering and medical. You utter them the word `law` and instantly (more faster than 3*108 m/s ), a beautiful picture of a man wearing white shirt, and black pant pops up. It is melancholy that they can hardly think beyond this. I had already given divine knowledge to a plethora of people about the great importance and scope of legal profession but this man poured water to all my labour.
“Ok”, I thought, “lets wash off his mind (Ummm…firstly, finding his mind would be a much better idea!)”
“Do you know what exactly Legal profession is?”
A straight forward `No`………..Expected
So I`ll have to begin it from the beginning….
..................................................................
Take Two…..action!
“The practice of law is indeed a wonderful experience. As a naïve, you get to know what actually governs not only your but other countries, acquaint with your rights and duties, problems of the masses and a great opportunity to help them when you enter into it and a lot and lot more (Of course I Don’t know everything coz I m too just a beginner.. ). It is in demand because of the changing scenario in the regulations made by the Government vis-à-vis changing social structure. The world is beyond Physics, Chemistry and Math. The scope of legal profession has widened since many years and is increasing day by day. And 11 NLUs (for common masses, I’ll reframe it to as 11 National Law Universities) together with many law colleges provide a concrete base to cultivate and transform ourselves into a rational thinking and responsible individual, where decisions are ought to be taken by mind and not by heart.
It’s a profession where you can actually raise voice for……”
Chai, coffee, cold drinks, fruity!!!
No no!!! not that!!! It was a typical chai wala with a typical voice (I wish I could convey the sound effect to my readers. As for now, be happy with the imaginative picture you have drawn in your mind!)
So where I was? Yes, “It’s a profession where you have the authoritative right to argue for the interests of the people concerned.”
After having said this much, I sensed that the man was indeed listening to all my `su-wakyas` like a diligent `shishya`….
Continuing further…
“There are many fields you can opt in law like corporation law, civil law, criminal law, international law, labour law, patent law, tax law and so on.
The importance of legal profession in a developing country like India is so much that it can`t be illustrated (Sometimes, it becomes difficult to describe the simplest things…But I don`t think law is that easy.)
Lastly, I`ll tell you who we are.
We are those who are concerned with the protection of rights of the people, trying in every way that they are not infringed, representative of clients, who work for the country and give our best to improve the status of the society by making the citizens aware of their laws.”
“WE ARE LEGAL ACTIVISTS….. .”
...............................................................
Scene Three….action!
Me: I think that’s enough to make you understand what the legal profession is about. Hope I`d be able to tell more when we meet the next time….
Mr. X: No no, its fine! I mean fantabulous! I really didn`t know the importance of this subject and its vastness! Meri galti.
“So next time when you meet someone who is completely alien to this great field, just bring him out of darkness by giving a sweet lecture of mine, verbatim.”
The train whistled and entered to the Raipur Junction.
“Time for me to go…..Hope to see you again! Bye!”
Mr. X: Bye. Have a great day Ms. Legal Activist!
………………………………………………………………………………………………………
Pack up
So this was all about my journey. I really felt great that I could explain my co-passenger the vitality of my subject. A memorable trip indeed…
Catch you later….
Tuesday, October 27, 2009
just to remind us all...
The stories of making of lawyers ,
The sagas of truth tellers in this world of mirage,
Where the false and injustice pile up,
And dampen my nation with their evil collage,
Being the lawyers in process, let’s not forget one thing that should be,
That we are here to change the system and give a ray of glee
Decades will come, centuries will go,
The closed doors of courtrooms will put up a good show
But the soft hearts covered in tough black attires,
Who will still have a feather of love beyond their satires!
My nation still calls for those few hearts,
Who will think par making money and rising charts!
Away from the worry of placements, away from the hunger of grades
Lets give one more chance to ourselves, to look at the sun beyond the shades
One fair rising sun we had decided to be a lawyer,
Let’s not let the wick go off and extinguish the fire,
My country, my nation, my people still stretch hands in hope,
some1 will come to support my paralysed nation, and wake it up from a dope
- AKSHATA NAMJOSHI