INTERNATIONAL NEGOTIATION COMPETITION 7 - 9 SEPTEMBER 2018 5TH HSF - NLU DELHI - nlu delhi international negotiation competition 7
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C E L E B R AT I N G 5 Y E A R S O F T H E H S F - N LU D E L H I I N C 1st HSF - NLU Delhi INC 2014 2nd HSF - NLU Delhi INC 2015 3rd HSF - NLU Delhi INC 2016 4th HSF - NLU Delhi INC 2017
A B O U T T H E CO M P E T I T I O N The International Negotiation Competition, jointly organised by Herbert Smith Freehills LLP and National Law University, Delhi, and held at the latter, is the first of its kind in India. Started in 2014, this invite-only competition brings together students from top law universities across the globe to participate in negotiations based on simulations that closely imitate the international environment. The negotiation simulations consist of a common set of facts known to all participants, and confidential information known only to the participants representing a particular side. Teams submit a negotiation plan prior to the competition, and then discuss these plans with the other party in negotiation sessions that last for eighty to ninety minutes. In addition to the valuable experience of interacting with teams from various countries, the competition has many rewards. At the end of the competition, the Best Negotiation Team is awarded a cash prize of 1000 GBP, while the Runners - Up receive a cash prize of 500 GBP. The Best Negotiator and the team with the Best Negotiation Plan receive a cash prize of 100 GBP each. The team which best represents the spirit of negotiation through their communication skills receives the ‘Spirit of the Competition’ award and a cash prize of 100 GBP.
NATIONAL LAW UNIVERSITY, DELHI National Law University, Delhi is a leading research and teaching institution devoted to the broader vision of providing quality legal education to produce a new generation of lawyers who are competent and humane. Its academic curriculum consists of lectures, seminars and symposia, THE ORGANISERS workshops and conferences delivered by an excellent faculty along with the best facilities, and is designed to enable budding lawyers to deal with the legal system of the country as well as the legal systems of the world in order to meet the challenges faced by a global society. More information at www.nludelhi.ac.in
H E R B E RT S M I T H F R E E H I L L S L L P Operating from over 20 offices across the Asia Pacific, Europe, the Middle East, Africa and North America, Herbert Smith Freehills is at the heart of the new global business landscape providing premium quality, full-service legal advice. Herbert Smith Freehills provides many of the world's most important organisations with access to market-leading dispute resolution, projects and transactional legal advice, combined with THE ORGANISERS expertise in a number of global industry sectors, including energy, natural resources, infrastructure and financial services. Herbert Smith Freehills' India practice is one of the strongest and most versatile among international firms. Comprising over 40 partners, Herbert Smith Freehills' India practice offers a true breadth of service to clients – from Indian businesses seeking global expansion, to international organisations building an operational presence in India. More information at www.herbertsmithfreehills.com
PA R T I C I PA N T S P E A K 4 TH H S F - N L U D E L H I I N C 2 0 1 7 “The HSF NLU International Negotiation Competition was an incredibly challenging but rewarding experience. Across the three days of competition, we met some amazing law students from all around the world and enjoyed a cross-cultural negotiation experience. The dinner with all teams and organisers at Lodi - The Garden Restaurant was an absolute highlight!” Cecilia Ngu and Jock Fogl, University of Technology Sydney, Winners, 4th HSF – NLU Delhi INC 2017 “Our time at the HSF-NLU Delhi International Negotiation Competition was truly special and memorable. Over the course of three days we were exposed to interesting and challenging negotiations. A particular highlight was the opportunity to meet students from all around the world and to make enduring friendships. If time permits, we would highly recommend taking some time to travel around Delhi, Agra and Jaipur – the sights, sounds and smells of India are quite spectacular. The competition was one of the most rewarding experiences of our law degree and it is a memory we will cherish forever. Best of luck to everyone participating in 2018!” Thomas Diaz and Matt Caldow, Melbourne University, Runners – Up, 4th HSF – NLU Delhi INC 2017
“We've been to many competitions, and nothing has come even close to how the H S F- N LU D I n t e r n at i o n a l N e g o t i at i o n Competition 2017 was organized. We couldn't have been more amazed at how wonderful a job the Organizing Committee did at organizing the event. It felt like more than just a competition, and we felt like we created a family by the end of it all, despite the competition lasting only for a few days. This is something we'll always remember for the rest of our lives. We made friendships and garnered experience that one can accumulate in a lifetime, and we truly mean it when we say that we had the most amazing time in those 3 days. A big thank you from NLU Odisha for the wonderful hospitality and a great experience!” Agnish Aditya and Akash Srinivasan N at i o n a l L a w U n i v e r s i t y, O d i s h a , B e s t Negotiation Plan, 4th HSF – NLU Delhi INC 2017
T H E 5 TH H S F - N L U D E L H I I N C 2 0 1 8 This edition saw 38 teams from all over the globe participating. The winning team was National University of Juridical Sciences, Kolkata with University of Oxford emerging as the runners - up. MNLU Mumbai had the best negotiation plan. Shourya Dasgupta from NUJS Kolkata was the ‘Best Negotiator’ and RGNUL Patiala won the ‘Spirit of the Competition’ award.
“Our dream, with NLU Delhi, was to create a competition where teams “The HSF negotiation competition was such which from across the world could engage in a cross-cultural experience which provided a platform for producing a generation of lawyers was as life-like as possible. It feels like we have come close to this with who are technically sound and professionally competent the fifth edition of the competition where 38 teams from across ten in the art of dispute resolution.” different countries came to battle it for the coveted title of best international negotiators 2018. In a tantalisingly close final, NUJS, Prof. (Dr.) Ranbir Singh Koltata just finished ahead of Oxford Law School.” Vice - Chancellor, National Law University, Delhi Mr. Chris Parsons Chairman - India Practice, Herbert Smith Freehills LLP
THE NEGOTIATION SIMULATIONS The negotiation simulation of the first preliminary round ‘The Rub of the Green’ dealt with the problems of an app-based taxi business, GreenWheels. GreenWheels made use of a market-leading, eco-friendly fleet of cars that it developed in collaboration with Pioneer Motors. The upcoming Olympic Games provide a great business opportunity for GreenWheels, but, faced with unfit cars, high cost of repairs, and a contentious supply agreement with Pioneer, next steps and solutions to the dispute remained the primary issues requiring resolution.
The negotiation simulation of the second preliminary round focused on the dealings of AHL, a joint venture company between AirCoach and HighDrones, to develop, manufacture, and commercialise the air taxi ‘The Hailicopter.’ The disagreement lay in the difference in their approach to investing in modifying the design of the air taxi, in entering strategic partnerships regarding auto-piloting, and exploring the business of space mining.
The quarter-finals In the semi-finals, the The negotiation simulation simulation was teams faced the for the final round, called ‘Les Legumes negotiation simulation ‘Activist Intervention,’ called ‘Swimming took us to India. AKASA, Miserables.’ Allez an A.I. software provider, Hop, a multinational Upstream.’ IndiCast, a wanted to expand into the agricultural traditional TV content data collection, storage corporation, traded in provider, faced and organisation market. premium fruits and modernisation, in the However, Priya Sinha, vegetables under the form of online digital head of KCP, one of brand ‘En Marche!’. A media streaming. It AKASA’s biggest investors, majority of its needed Epix, an online did not view this employees were a streaming service’s help favourably. Moreover, in revamping its entire AKASA’s CFO had been part of a trade union accused of inappropriate called CFTA-CFLP, online platform. Epix behaviour by AKASA with which it had a considered IndiCast to employees – something collective bargaining be a good source of Priya and KCP’s corporate agreement (CBA). Due additional funding for social responsibility to new regulations, further expansion. The platform strictly Allez Hop had to meeting between the condemned. A meeting heavily cut costs. It parties is closely between the parties proposed a model for preceded by an focused on the proposed overhaul in Epix’s expansion, a potential the same, and now removal of the CFO, and had to seek employee business. the maintenance of approval for the same. AKASA and KCP’s reputation in light of this scandal.
T H E PA RT I C I PA N T S Australian National University HNLU Raipur Macquarie University Zoe Vlahogiannis Joyjeev Medhi Leith Sawalha Emma Rogerson Priyvrat Singh Chouhan Suryansh Gupta Chuo University ILS Pune MNLU Mumbai Tomoe Miura Vanisa Hitendra Upadhyay Akshal Agarwal Hitomi Shimada Anshu Rajeev Deshpande Abhishar Vidyarthi Deakin University Jindal Global Law School NALSAR University of Law Casey Guilmartin Soumil Desai Aachman Shekhar Ashleigh Gillman Chinar Gupta Nirupan Karki GLC Mumbai Keio Law School NLIU Bhopal Ujjwal Batra Akiyoshi Imai Sahil Mathew Mishra Revathisri Regulagedda Jungwon Chae Bhavik Shukla GNLU Gandhinagar King’s College London NLSIU Bangalore Cheta Sheth Tanya Joon Arijeet Shukla Tharun Vadlapatla Sera Singh Ashi Mehta
NLU Jodhpur RMLNLU Lucknow Tribhuvan University Radhika Shukla Vini Srivastava Supriya Karki Shambhavy Singh Shubhangi Agarwal Ratna Keshari Maharjan NLU Odisha School of Law, Christ University University of Bristol Nandighosh Karan Nanda Bimbita Kateel Anisha Sandhu Samyak Mohanty Madhav Joshi Eleanor Zhao NUALS Kochi Singapore Management University of Melbourne University Alice Sawers Rabia Rahim Dhiraj G. Chainani Samantha Marsh Muna Basheer Justin Mao NUJS Kolkata Sophia University University of Cologne Shaishir Divatia Hyein Yu Maria Michael Shourya Dasgupta Yuri Sugiyama John Adamson RGNUL Patiala Strathclyde Law School, Glasgow University of Malaya Sidharath Goyal Rhianne Carroll Wong Kar Ling Jatin Bansal Steven McLaughlin Chiang Yi
University of New South Wales University of the Sunshine Coast Jennifer Zhao Patrick Jeremiah Plumb Srivatsav Moorthy Morgan Nicolas Geniola University of Oxford University of Western Australia Oluwatoni Adejuyigbe Portia McDonald Herman Ahmad Harry Sanderson University of Sydney V.M. Salgaocar College of Law Xuanyi Yang Amrit Dutta Jeremy Chan Megh Maneshinde University of Technology Sydney Mitchell Frankland Wendy Yuan
THE JUDGES PRELIMINARY ROUND JUDGES Akhil Prasad Ashish Ahluwalia Karan Mitroo Pratyush Khurana Country Counsel and Associate, Link Legal Partner, Luthra & Luthra Principal Associate, Link Legal Company Secretary, Boeing International Balbir Singh Karun Prakash Priya Mehra Senior Advocate, BS Counsel, Trilegal General Counsel, InterGlobe Amitabh Lal Das Chambers Aviation Director and Head - Legal, Kunal Mehra Max Life Insurance Dhruv Garg Partner, Dua Associates Radhika Sankaran Advocate, Delhi High Partner, Lakshmikumaran & Anand Tripurari Court Manan Jain Sridharan Senior Associate, Cyril Associate, Khaitan & Co. Amarchand Mangaldas & Co. Dhruv Sharma Ramya Suresh Advocate, Supreme Court Nehaa Chaudhari Senior Associate, Trilegal Ankush Goyal of India Public Policy Lead, TRA Law Counsel, Trilegal Richa Mohanty Gaurav G. Arora Nipun Saxena Partner, Cyril Amarchand Anuj Pethia Senior Associate, Advocate, High Court and Mangaldas & Co. Partner, Cyril Amarchand J. Sagar Associate Supreme Court of India Mangaldas & Co. Sagar Suri Harshit Khare Pallavi Bedi Lawyer, Delhi High Court and Anuj Trivedi Senior Associate, Link Partner, Luthra & Luthra Supreme Court of India Link Legal Legal Pooja Ramchandani Sahil Arora Anurag Pareek Joydeep Sarkar Principal Associate, Shardul Senior Associate, Luthra & Joint Partner, Principal Legal Counsel, Amarchand Mangaldas & Luthra Lakshmikumaran & Sridharan InterGlobe Aviation Co.
Sanya Sud Shivani Chugh Sneha Vardhan Tanya Mehta Associate, Khaitan & Co. Principal Associate, Senior Associate, Shardul Counsel, Trilegal J. Sagar Associates Amarchand Mangaldas & Co. Sarvjeet Singh Tanya Sharma Executive Director, Shruti Khanijow Singhdhaneel Satpathy Joint Partner, Centre for Senior Associate, Cyril Senior Associate, Luthra & Lakshmikumaran & Communication Amarchand Mangaldas & Luthra Sridharan Governance Co. Surabhi Lal Tishampati Sen Shruti Kinra Associate, Shardul Amarchand Advocate, TRS Chambers Shantanu Jindel Partner, Shardul Amarchand Mangaldas & Co. Senior Associate, Mangaldas & Co. J. Sagar Associates ADVANCED ROUND JUDGES Daksh Ahluwalia Mark Bardell Rajesh Bagga Tanima Tandon Partner, J. Sagar Partner, Herbert Smith Group General Counsel, Associate, P&A Law Associates Freehills LLP Essel Group Offices Dhruv Garg Radhika Sankaran Rohil Vashist Upasana Rao Lawyer, Delhi High Court Partner, Partner, Cyril Amarchand Partner, Trilegal Lakshmikumaran & Mangaldas & Co. Dhruv Sharma Sridharan Vaibhav Kakkar Siddhartha Shukla Advocate, Supreme Partner, Luthra & Luthra Senior Associate, Court of India Herbert Smith Freehills LLP
FINAL ROUND JUDGES Hon’ble Mr. Justice Chris Parsons Bhaskar Chandran Aditya Ghosh Rajendra Menon Chairman - India Group President Business Leader Chief Justice, Delhi Practice, Herbert and General and Entrepreneur High Court and Smith Freehills Counsel, GMR Chancellor, LLP NLU Delhi
ACKNOWLEDGEMENTS We are grateful for the support from our network of colleagues. A special thank you to all the judges who took time out to judge the competition, and especially to the judges who invested huge amounts of time and effort in evaluating each of the negotiation plans of the teams - Sanya Sud (Associate, Khaitan & Co.), Tanima Tandon (Associate, P&A Law Offices), Harshad Pathak (Senior Associate, P&A Law Offices), Tania Singla (Legal Trainee (International Arbitration), White & Case LLP), and Dr. Risham Garg (Associate Professor, National Law University, Delhi). We are also extremely grateful to Prof. (Dr.) Ranbir Singh (Vice - Chancellor, National Law University, Delhi) and Prof. (Dr.) G.S. Bajpai (Registrar, National Law University, Delhi) for being so gracious and generous throughout the event.
Integral to this endeavour has been the contribution of the student We would also like to acknowledge the organising committee from NLU Delhi, and we would like to thank: immense effort put in by Mr. Daniel Mathew (Assistant Professor of Law, NLU Delhi), Varnika Agarwal, I Year Aman Gupta, IV Year Siddhartha Shukla (Senior Associate, Herbert Akanksha Mathur, II Year Anany Mishra, IV Year Smith Freehills LLP), Sarvatrajit Jajmann Saachi Agrawal, II Year Divyansh Joshi, IV Year (Associate (India), Herbert Smith Freehills LLP) , Sahil Malhotra, II Year Raashi Pathak, IV Year Bhargavi Vadeyar (Graduate Solicitor, Herbert Anant Sangal, III Year Sanjana Ravjiani, IV Year Smith Freehills LLP), and Akshaya Parthasarathy Priya, III Year Tarun Sundaram, V Year (Graduate Solicitor, Herbert Smith Freehills LLP), Aditya Jindal, IV Year Vrinda Vinayak, V Year without whom this competition would not have been possible.
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