THE

CONSTITUTION GLS

5
UNIVERSITY
OF INDIA

YEARS
YEARS

FACULTY OF LAW

Organizes

SHRI I. M. NANAVATI MEMORIAL

MOOT COURT COMPETITION 2024-25
January 17-19, 2025
MOOT COURT COMPETITION JANUARY 17-19, 2025

MOOT COURT COMMITTEE

Patron
Mr. Devang Nanavati
Vice President, GLS University
Senior Counsel, High Court of Gujarat

Convener
Dr. Mayuri Pandya Dr. Chandni Kapadia
Dean, Faculty of Law Executive Director
GLS University GLS University

Faculty Coordinator

Ms. Chetna Anjum (7376332922) Ms. Riya Kanwar (8764067991)

Assistant Professor Assistant Professor
Faculty of Law Faculty of Law

Faculty Co-Coordinator

Ms. Prachi Dave (9099727607) Ms. Megha Garg (9429516407)

Assistant Professor Assistant Professor
Faculty of Law Faculty of Law

Student Coordinator

Tapati Dave (8200527413)

Student Co-Coordinator
Sanskruti Trivedi (9484425690)

02
 MOOT COURT COMPETITION JANUARY 17-19, 2025

ABOUT THE STALWART

with the Gujarat Law society. He was a teacher
at the Law Faculty and is even today
remembered for his outstanding quality and
contribution as a teacher of Law, a very able
administrator, and a noble human being who
made his mark not only in the courts in Gujarat
but also in the Supreme Court of India. He was
an educated educationalist, a leading lawyer
and the then Hon’ble Secretary of Gujarat Law
Society. He left for heaven on January 15, 1981
in the city of Nairobi in South Africa.

In the Will of Shri I.M.Nanavati he express his

Shri I. M. Nanavati wish that “In the end, I desire that when I pass
away, my mortal remains be drawn through
This stalwart of law was born in the city of the Ellisbridge Campus of the Gujarat Law
Jambusar near Bharuch in 1920 and bore the Society of which I was a student and which I
name ShriI.M.Nanavati. He came to have served for more than 20 years as the
Ahmedabad for law studies and at a very Secretary and the institutions where of which I
young age joined the bar on the footstep of his developed, I have loved like my children”
father. In the initial years of his practice he To commemorate the late Shri I. M. Nanavati
joined Maneklal Harilal Mills to look into who made his mark as an advocate and as an
Labour and Company Matters. With his educationalist, Shri I.M. Nanavati Memorial
foresight and hard work he became famous National Moot Court Competition is
and in a short time span he became one of the organized.
renowned advocates of India. He always took a
After his death Shri Nani Palkhiwala had said
keen interest in overall development of the
“India has lost an exceptionally able lawyer and
people and in development of Educational
the cause of public education has lost one of its
Institutions. He was deeply interested in the
great benefactors and ended with the
promotion of education and did tremendous
beautiful lines:
work in that field. His busy practice however
was no bar to his love for social and “Lives of great men all remind us, We can make
educational activities, in which he took leading our lives sublime, And departing leave behind
and prominent part. The inspiring zeal and us, Footprints on the sands of time.”
managerial ability of Late Shri I. M. Nanavati
had gone a very long way in establishing
Gujarat Law Society. He contributed greatly to
the stability and for the steady growth of the
society during the period of his association

03
 MOOT COURT COMPETITION JANUARY 17-19, 2025

ABOUT GUJARAT LAW SOCIETY

Gujarat Law Society has been in the field of education for more than eight decades and is considered to
be one of the largest and most renowned destinations for education in Gujarat. The Society stands as a
synonym for contemporary education in the region with its state-of-the-art infrastructure. Visionaries
and luminaries such as Sardar Vallabhbhai Patel, Shri Ganesh Mavlankar and Sheth Shri Kasturbhai
Lalbhai were the first to set lofty standards of excellence in education at the society.

Beginning from a single law college in 1927, which was nurtured, among others, by Shri I.M.Nanavati,
today Gujarat Law Society has burgeoned into a mammoth Trust that manages 33 institutions offering
courses in multiple disciplines imparting quality education across two campuses in Ahmedabad. Being
from a single law college it had burgeoned into a private University in 2015. There are over 24,000
students at the campus who are assisted in meticulously crafting their careers and leading them to the
path of success. Gujarat Law Society has a particularly extensive alumni group which echoes the values
that it imparts right since its inception. Being a part of some of the most distinguished Judges, Lawyers
and corporate across the globe, these members of the Society’s alumni have carved out an identity for
themselves, that of being responsible, pragmatic and proactive.

JANUARY 17-19, 2025

*Proposed new building

04
 MOOT COURT COMPETITION JANUARY 17-19, 2025

ABOUT GLS UNIVERSITY

GLS University has been established with the objective of providing an ideal and creative learning
environment and continuing the tradition of excellence in education of the sponsoring body of the
University, viz., Gujarat Law Society (GLS).
Gujarat Law Society, established in the year 1927, is one of the largest and oldest educational
institutions in the State of Gujarat. GLS currently has more than 25,000 students pursuing their
graduate, post graduate and doctoral level studies at various levels within the university and its
constituent colleges/institutions.
GLS has currently more than one million alumni, all established in several spheres of work including
business, commerce, law, science, arts and culture. Several of these alumni are noted entrepreneurs.
The university is currently hosted in a state of art campus within the heart of the city fully equipped
with advanced technological tools to facilitate education.

05
 MOOT COURT COMPETITION JANUARY 17-19, 2025

ABOUT FACULTY OF LAW

Faculty of Law is a new venture of the Gujarat Law Society fostering excellence in Legal Education by
catering to the Five Year Integrated Law Programme approved by the Bar Council of India. Launched in
the academic year 2015-16 in a short span of time, the Institute has emerged as a premier institute for
imparting legal education in India.
It is worthy to note that the Faculty of Law has ventured in all possible educational arenas by organizing
International Conferences, National Moot Court Competitions, National Sports Fest, and various
seminars at National and International level. It has now become the epicenter where knowledge
liberates; ideas are conceptualized and shaped into existence.
The untiring contribution made by the Faculty of Law has enabled the college to secure a position in
Forbes Legal Power list 2020 as one of the most promising and top law schools. The consistent
steadfast resolution of GLS to always aim high and move for Excellence in Education’ has become
stronger over the years. With this in view, Gujarat Law Society (GLS) launched GLS Law College with the
aim of “Fostering Excellence in Legal Education”; offering four programs- B.A.LL.B., B.B.A.LL.B.(H),
LL.B.(H) and LL.M.

06
 MOOT COURT COMPETITION JANUARY 17-19, 2025

SCHEDULE

Key Dates Key Events

11th October, 2024 Release of Moot Problem

Last date of Registration and payment of

25th November, 2024
fees. https://forms.gle/8kRxJFprkYYZt4L26

8th December, 2024 Last date for seeking Clarifications

Last Date for Submission of Memorials (soft copy).

5th January, 2025
https://forms.gle/4vLzUe1CCtBmHsNy9

Last date for submission of Hard Copy of thememorials

10th January, 2025
via postal services. (4 Copies fromeach side)

Registration, Draw of Lots

17th January, 2025 Submission of Memorials (7 copies from each side)
Researchers’ Test

Inauguration
18th January, 2025 Preliminary Round - Quarter Final Round
Semi - Final Round

19th January, 2025 Final Round & Valedictory Ceremony

07
 MOOT COURT COMPETITION JANUARY 17-19, 2025

RULES AND REGULATIONS

FOR THE COMPETITION
I. INTRODUCTION
1.1 Short Title: These Rules shall be called the Shri I. M. Nanavati Memorial Moot Court 2024-25
Competition Rules.
1.2 Definitions: Unless otherwise stated following shall be construed herein under as–
1.2.1 “Administrator” shall mean the GLS, Law College Moot Court Committee
1.2.2 “Clarifications” shall mean any questions, inquiries or doubts sent by a registered team (after
final registration) to the organizers seeking any factual clarification(s) in the Moot Court
Problem. The clarifications, if any, provided by the college shall be considered as if it were a
part of the Moot Proposition and shall have no individual significance.
1.2.3 “Competition” means Shri I. M. Nanavati Memorial Moot Court Competition, 2024-25.
1.2.4 “Institution” means any recognized law school/college or university.
1.2.5 “Memorial” means the memorandum of means the memorandum of written submissions
submitted by any participating team.
1.2.6 “MEC” means Memorial Evaluation Committee.
1.2.7 “Organizer” means the Faculty of Law GLS University, Ahmedabad
1.2.8 “Organizing Committee” means the Moot Court Committee (MCC) hereinafter referred to as
MOC or MCC or OC.
1.2.9 “Participating Team” means the team which has registered itself for the competition as per the
rules for registration.
1.2.10 “Participating Institution” shall be presumed to be the parent educational institution of the
participating teams.
1.2.11 “Rebuttals” refer to these for arguments /questions that the Complainant may raise at the end
of the main pleadings of all the Oralists/Speakers. This shall be replied to in an appropriate
manner by the Respondent.
II. GENERAL RULES
2.1 Dress Code: The participants shall adhere to the following dress code when present in any
courtroom during the Competition.
Female(s): White salwar and kurta or white shirt and black trousers along with black coat and
black shoes;
Male(s): White shirt, black trousers and black tie along with black coat and black shoes.
Explanation: The participating teams shall also adhere to the above mentioned dress code
while attending the Inaugural and Valedictory ceremonies of the Competition, as well as
during all the rounds of the competition.

08
 MOOT COURT COMPETITION JANUARY 17-19, 2025

2.2 Language: The language of the Competition shall be English.

2.3 Scouting: Teams shall not be allowed to observe the orals of another team, unless they have
been officially knocked-out of the competition. Scouting is strictly prohibited. Scouting by any
team shall entail instant disqualification.
III. ELIGIBILITY AND TEAM COMPOSITION
3.1 Eligibility: The Competition shall be open to students who are pursuing any integrated 5-year
LL.B. programme in India; Only 32 teams on a first-come, first-serve basis shall be allowed to
register.
3.2 Team Composition:
a. Each team shall consist of 3 members, two ‘Oralists’ or ‘Speakers’ or ‘Mooter’(s) and one
‘Researcher’.
b. Only the team member(s) designated as Oralists/Speaker/Mooter shall be allowed to put forth
oral submissions.
c. An institution shall only be represented by one team. More than one team fromthe same
institution is not permissible.
d. Under no condition shall a team consisting more than 3 members be allowed to participate.
Under no condition shall a team consisting more than 3 members be allowed to participate.
e. Any additional member or Team Coach accompanying a Team will not be entitled to a certificate
from the OC. Such persons shall not be provided accommodation facilities by the host institution.
IV. ANONYMITY OF TEAMS
4.1 Teams shall not reveal their identity in any form, except by means of the Team Code allotted to
them during the Competition.
4.2 The memorials shall not reveal the identity of the team in any form and should not bear
the logo, name etc. of the University that the students belong to and represent.
4.3 Any material presented to the Panel should be devoid of any identification marks/seal of
the Team.
4.4 Any violation of the above rules shall attract severe penalty or disqualification as determined by
the O.C. The decision of the O.C. in this regard shall be final, binding to the participating team and
not subject to challenge.
V. REGISTRATION
5.1 In order to confirm participation, teams of the interested Institution should register themselves
by filling the final Registration forms duly signed by the heads of the institution along with the fees
of Rs. 3500/-per team. Any team requiring accommodation will have to pay registration
fees of Rs. 5000/-. Any form received after the last day of registration will not be allowed.
5.2 The Participation fees as mentioned in Clause 5.1 shall be paid via NEFT or RTGS. The teams shall
be solely responsible for any delay caused due to delay in receipt of Registration Form.
5.3 The payment of registration fees will be through NEFT and the details are:

09
 MOOT COURT COMPETITION JANUARY 17-19, 2025

GLS Law College

HDFC BANK, NR.MITHAKHALI SIX ROAD, NAVRANGPURA, AHMEDABAD
A/C NO. 57500000018593 • IFSC CODE: HDFC0000006 • MICE: 380240002
5.4 Any registration form received without the receipt of the payment shall not be considered for the
final registration.
5.5 Any form received after the last day of registration will not be allowed.
5.6 The teams shall be solely responsible for any delay caused due to delay in receipt of the
Registration Form.
5.7 The amount once paid shall not be refunded.
5.8 Change in Team Composition: Any change in team composition will not be entertained once
the registration is done.
In case of any unforeseen contingency where it becomes imperative to change the team
competition, the participating team shall send a written application regarding the same to the
Administrator and MCC, containing the compelling reason for the change. However, any change
in the composition shall be done at the discretion of the MCC.
VI. RESEARCHERS’ TEST
6.1 The Researchers’ Test shall be conducted on Day 1 i.e., January 17th, 2025, i.e., the first day of the
Competition.
6.2 The test shall be for a duration of 60 minutes (1 hour) only.
6.3 The test shall consist of objective questions based on General Principles of Law, the Statement
of Facts and Citations. The Researchers’ Test shall test the knowledge of the laws involved as well
as the factual details of the Moot Problem and the application of the relevant laws to the
circumstances in the Moot Problem.
6.4 No notes, bare acts, books or any other material or electronic aid shall be permitted during the
Researchers’ Test.
6.5 In every team comprising three members, only one member who has registered as the
Researcher is eligible to take the test.

10
 MOOT COURT COMPETITION JANUARY 17-19, 2025

VII. FORMAT OF THE COMPETITION AND ORAL ARGUMENTS

The Competition is divided into 4 rounds:
1) Preliminary Round
2) Quarter-finals
3) Semifinals
4) Final Round
• The time split between the speakers must be communicated to the Court Bailiff/clerk prior to the
commencement of each Round. Once so informed, these timings shall not be changed.
• Use of any electronic gadgets is not permitted during the course of oral proceedings.
• Teams shall not disclose, in any manner whatsoever, for the entire duration of the Rounds, either
their own individual identities or the identity of the institution that they represent, even if asked
by the judges.
• Teams can pass on a compendium of the sources they cite in their memorials if so permitted by
the judges.
• Team scores shall not be disclosed after every round. Teams must not make any attempt to
gather any such information, until notified by the Organizing Committee.
• In case of absence of any team or failure of any team to reach in any of the oral submissions
round will render disqualification of the team for that round. In such a case, their opponent shall
make their oral submissions ex parte.
• The oral arguments should be confined to the issues presented in the memorial. Huge
discrepancy shall not be permitted.
• The researcher may sit with the speakers during the oral submissions. However, No Researcher
of any Team shall be permitted to address the Panel.
• Evaluation shall be done on the basis of the following criteria:

Particulars Marks
Articulation of Issue 20
Presentation Abilities 20
Court Mannerism 10
Citation of Authorities 10
Application of Legal Principles 20
Response to the queries of Court 20

• Any Team that violates any of the Rules with respect to the Oral Pleading Sessions may be
penalized. The decision of the Bench shall be final in this regard.

11
 MOOT COURT COMPETITION JANUARY 17-19, 2025

VII - i) Preliminary Rounds:

• Draw of Lots: The allotment of sides of teams in Preliminary Rounds shall be determined on the
basis of draw of lots.
• Each team will get 20 minutes to present their case and 5 minutes will be given for R e b u t t a l ,
subject to the discretion of Judges.
• Each team shall argue from both the sides in the Preliminary Rounds.
• No team shall argue the same side twice in the Preliminary Rounds. No two teams will argue
against each other more than once in the Preliminary Rounds.
• Advancement to the next round shall be determined on the basis of the aggregate score of
pleadings.
• Only one (1) speaker from each team shall be permitted to rebut/sur-rebut.
• In the preliminary rounds, the team with the higher aggregate speaker scores shall be the winner
of that round.
• If there is a tie in the aggregate speaker scores in case of a division bench, then the team with the
higher memorial scores shall be the winner of that round.
• If there is a tie in the aggregate speaker and written submission scores, then the team with the
higher score in the Researcher’s Test shall be the winner of that round.
• The top 8 teams based on their Total Preliminary Score in the Preliminary Rounds, shall qualify
for the Quarter Final Rounds. Total Preliminary Score is the total score obtained by both the
speakers (including the rebuttal score) in both the Preliminary Rounds. Total Preliminary score
does not include the memorial scores. Following shall be the system for determining the teams
that advance to the Quarter Final Rounds:
• The top 8 teams based on their Total Preliminary Score, shall qualify for the Quarter Finals
• In case of a tie, the team with the higher memorial scores shall qualify to the Quarter Final
Rounds
VII - ii) Quarter-Finals:
• Eight teams based on the result of the Preliminary Rounds will qualify for the quarter-finals. The
team shall argue only once in the quarter-finals. The side on behalf of which the team shall argue
for the quarter-finals shall be decided by way of draw of lots prior to the Quarter Final Round.
• The quarter-finals shall be a knock-out round.
• Each team is allotted a total of 20 minutes to present their oral arguments.
• The timing can be divided between both the speakers according to the wish of the team subject
to a maximum of 12 minutes and minimum of 08 minutes per speaker.
• The time division has to be informed to the Court Manager/Clerk before the beginning of the oral
arguments.
• A maximum of 5 minutes may be reserved per team for rebuttal and sur-rebuttal which shall be
at the discretion of the judges which shall be exclusive of the above time limits.

12
 MOOT COURT COMPETITION JANUARY 17-19, 2025

VII - iii) Semi-Final Rounds:

• Four teams from the Quarter-Final Round shall qualify for the Semi-Finals.
• The Semi-Final Round shall be a knockout round.
• The team shall argue from only one side in the semi-finals. The side of the team shall be decided
by way of the draw of lots.
• Each team will be allotted a total of 30 minutes to present their oral arguments.
• The timing can be divided between both the speakers according to the wish of the team subject
to a maximum of 17 minutes and minimum of 13 minutes per speaker.
• The time division has to be informed to the Court Manager/Clerk before the beginning of the oral
arguments.
• A maximum of 5 minutes may be reserved per team for rebuttal and sur-rebuttal which shall be
at the discretion of the judges which shall be exclusive of the above time limits.
VIII) RULES FOR MEMORIAL EVALUATION
8.1 Teams have to prepare and submit memorials from both sides.
8.2 Late submissions beyond the stipulated time period shall be penalized according to the format
mentioned herein in this section.
8.3 Format of memorial:
Body of the memorial shall include:

The cover page with the title

Table of contents
List of Abbreviations
Index of Authorities
Statement of Jurisdiction
Statement of Facts
Statement of Issues
Summary of Arguments
Summary Advance
Prayer

• The font of the body of the memorial should be in the following format:
a. Font of the body of the memorial: Times New Roman, Size 12.
b. Line spacing: 1.
c. Heading: Font size 14.
d. The font to the footnotes: Times New Roman, Size 10.
e. Body of text: Justified.

13
 MOOT COURT COMPETITION JANUARY 17-19, 2025

• Teams shall cite all authorities in the memorial using footnotes following the
Bluebook Method of Citation (21st Edition).
• Footnotes should be limited only to citations and in no case shall footnotes contain additional
information or arguments
• The memorials should be spiral bound.
• Pages should be numbered at the bottom middle.
All the memorials received within the time schedule will be evaluated by the MEC.
• The evaluation done by the MEC will be final and binding.
• Seven (7) copies of the memorial of both sides have to be brought along by the teams on 17th
January 2025.
• Any difference in the hardcopy and the softcopy submitted will attract disciplinary action as per
the discretion of MCC.
• The memorials shall not contain any form of identification apart from the team code.
• If any such identification or mark, symbol, etc. which has the effect of identifying the team is
found on the memorial, then it shall result in instant disqualification.
• The memorial shall be of a maximum of 35 pages including the cover page and Pleadings. No
annexure, photographs, exhibits, etc. should be added to the memorial.
• Each memorial shall have the following and only the following on its cover page:
a) The team code on the upper right hand corner of the cover page
b) The name and place of the forum
c) The relevant legal provision under which it is filed
d) Name of parties and their status
e) On whose behalf the memorial is filed
IX. SUBMISSION OF THE MEMORIAL:
• Two (2) soft copies from each side, one from the appellant and other from the respondent (one in
PDF / .pdf format and Microsoft Word format) must be submitted on the given link:
https://forms.gle/4vLzUe1CCtBmHsNy9 latest by January 5, 2025 (23:59 hours IST). The file
names of the electronic copies of the memorials must contain only the team code and the side
being represented in the following format: e.g. (for Team Code TM0.1) TM01(A) or TM01(R).
• The content of these additional Memorials should not differ from the content of the soft
and hard copies submitted to the Organizers.
• Petitioner Memorials are required to have a Blue cover and Respondent Memorials are
required to have a Red cover.

14
 MOOT COURT COMPETITION JANUARY 17-19, 2025

The Memorials shall be evaluated on following parameters:

Description Marks
a) Application of Facts 20
b) Application of Legal Principles 20
c) Understand of Law and extent of Research 20
d) Logical Progression of ideas and Use of Authorities 15
e) Persuasiveness of Presentation and Correctness of Citation 15
f) Grammar and Style 10

PENALTIES
Description

1.5 mark per memorial

every 12 hours after the
Late Submission deadline of submission.
Disqualification beyond
48 hours.
Wrong File Name 1 mark per memorial

Failure to submit Memorial as one File 1 mark per memorial

Exceeding page limits 1 mark per exceeding page
Failure to include the sections in the memorial 3 marks per section
Failure to include the required information on the cover page 1 mark per violation
Failure to use the correct colour coding 2 marks per memorial

XI. TIE-BREAKER
In the event of tie between the marks of two teams, following criteria shall be considered in order
oftheir mentioning;
1. Preliminary Round
a. Memorial marks.
b. Response to the queries of the court

2. Quarter-finals
a. Memorial marks
b. Response to the queries of the Court

3. Semi-finals
a. Memorial marks
b. Response to the queries of the Court

15
 MOOT COURT COMPETITION JANUARY 17-19, 2025

XIII. CATEGORIES OF AWARDS (Total Cash Price of Rs 5 lakh 46 thousand)

1) Trophy to the Winning Team and a cash prize of Rs.2,25,000/-
2) Trophy to the First Runners Up Team and a cash prize of Rs.1,50,000/-
3) Trophy to the Best memorial Appellant with a cash prize of Rs. 25,000/-
4) Trophy to the Best memorial Respondent with a cash prize of Rs. 25,000/-
5) Trophy to the Best Researcher with a cash prize of Rs. 21,000/-
6) Trophy to the Best Student Advocate from Appellant side with a cash prize of Rs. 50,000/-
7) Trophy to the Best Student Advocate from Respondent Side with a cash prize of Rs. 50,000/-
8) Certificates will be issued to all the participants.
• Best Speaker shall be determined on the basis of the individual aggregate score of the speaker
taken only from the Preliminary Rounds. Individual Aggregate Score shall be determined as the
sum of the score of the speaker in both preliminary rounds.
• In case of any Queries and Clarifications feel free to contact us on [email protected]
INTERPRETATION OF THE RULEBOOK
• The interpretation of these rules by the organizer shall be conclusive. The decision of the
organizers for the above stated rules shall be final and binding to the participating teams.
• Rules should be strictly adhered to. Any deviation from the above stated rules would attract
penalties at the discretion of the MCC.
• All Participants are expected to maintain decorum in the Court during the competition and are
expected to conduct themselves in a manner befitting the legal profession. The Organizers
reserve the right to take appropriate action for any unethical, unprofessional and immoral
conduct.
• The Organizer’s decision as regards the interpretation of rules or any other matter related to the
competition will be final and binding.
• If there is any situation which is not contemplated in the rules, the Organizers decision on the
same shall be final and binding.
• The Organizers reserve the right to vary, alter, modify, or repeal any of the above rules without
any prior notification, if so required and as they may deem appropriate.
• In case of any grievance, the team shall register a complaint with the Student Coordinator and
shall not approach the Bench of judges or any other faculty/ office holder for the same.
• All the above stated rules are inclusive for the competition.

16
 MOOT COURT COMPETITION JANUARY 17-19, 2025

MOOT PROPOSITION
1. Suvarnadwipa is an island country situated on the south-eastern tip of the great
Bhāratakhanda peninsula. Throughout history, Suvarnadwipa acted as an important trading
port, serving as the gateway to the eastern world. Due to its strategic location, the island has
been subjected to numerous military campaigns.
2. The island was colonised by the Britanni people for over two-hundred years. During this
colonial period, Suvarnadwipa evolved into a major global trading hub. The Britanni’s rule
ended in 1970 after a prolonged violent struggle, and Suvarnadwipa gained independence,
emerging as a Sovereign, Socialist and Democratic Republic.
3. Suvarnadwipa’s first Prime Minister, Mr. Ramadhir Chaudhari, was a visionary leader. Faced
with limited natural resources and an inability to initiate an agricultural revolution, Mr.
Chaudhari emphasized rapid economic growth.
4. Under Mr. Chaudhari’s guidance, Suvarnadwipa fortified its position as a global hub for trade
and ensured that the economy of Suvarnadwipa was free, innovative, dynamic and business
friendly.
5. Mr. Chaudhari's policies focused on establishing Suvarnadwipa as a global trade hub, attracting
foreign investment through business-friendly laws, low taxes, and advanced infrastructure. His
reforms resulted in Suvarnadwipa becoming a preferred destination for global investors,
transforming it into a free, innovative, and dynamic economy.
6. One of the major challenges Mr. Chaudhari faced was the overburdened court system, which
caused significant delays in adjudicating commercial disputes. This became a matter of concern
for Mr. Chaudhari while courting foreign investors.
7. One of the concerns that was regularly expressed to Mr. Chaudhari was that commercial
disputes were getting tangled up in Suvarnadwipa’s court systems for years on end and this was
a leading factor in dwindling investor confidence.
8. Recognizing this issue, Mr. Chaudhari’s deliberations with his trusted advisors led him to believe
that the best recourse for Suvarnadwipa was to encourage parties to refer their dispute to other
out-of-court settlement methods. At that time, Alternative Dispute Resolution, specifically
Arbitration, was an unpopular choice due to a lack of competent arbitral institutions in the
country.
9. To address this gap and to attract more foreign investors, after months of deliberations in the
Parliament, Mr. Chaudhari’s government passed the Suvarnadwipa Arbitration and Conciliation
Act, 1996 (SACA) on January 1, 1996.
10. In tune with the provisions of the SACA, 1996, the Arbitral Council of Suvarnadwipa (ACS) was
established. ACS is a not-for-profit international arbitration organization based in
Suvarnadwipa. The legislation in Suvarnadwipa was fine-tuned by the legislature to encourage
parties to refer their commercial disputes to arbitration. Mandatory time-lines were provided
under the Suvarnadwipa Arbitration and Conciliation Act, 1996 for completion of arbitration.
Further, the legislative framework provided for a fee schedule which could be charged by the
arbitrators.

17
 MOOT COURT COMPETITION JANUARY 17-19, 2025

11. With time, ACS was heralded as one of the most significant arbitral institutions in the world with
nearly 25% of the total disputes arbitrated around the world (by value) being adjudicated under
aegis of ACS. Given the popularity of ACS, foreign investors regained their confidence regarding
enforcement of contracts in Suvarnadwipa.
12. An Act “Suvarnadwipa Public Sector Dispute Resolution Act, 2009 (SPSDR)” (Annexure - I) was
also implemented to further encourage foreign investment, mandating that all public contracts
exceeding USD 100,000 include an arbitration clause.
13. Tragically, Mr. Chaudhari passed away on December 25, 2010. By this time, Suvarnadwipa was
one of the most significant economies of the world. In the ensuing in January 2011 elections, Mr.
JP Chaudhari, son of Mr. Chaudhari was elected as the Prime Minister of Suvarnadwipa with a
thumping majority.
14. Now, Mr. JP Chaudhari or JayP, as his inner circle would address him, was nothing like Mr.
Chaudhari. JayP lacked the vision that had enabled his father in turning a small island city into an
economic behemoth. Soon after taking charge, JayP gave into cronyism and packed the
government offices with men of his network who were found in want of merit.
15. JayP’s government filled important positions with loyalists who lacked the competence to
govern effectively. Given the change in perspective of the government of the day, a number of
public sector undertakings (PSUs) started making questionable commercial decisions in their
interactions with private parties.
16. MantraTech, a Britanni conglomerate is one of the largest corporate groups in the world with a
portfolio which extends from salt to steel and airways to ports. Since Suvarnadwipa’s
independence, MantraTech had invested millions of dollars in the country and was a well-
known name in the country. MantraTech Ports (MP) was a subsidiary of MantraTech which was
incorporated in Suvarnadwipa and was a port operator and logistics company.
17. In June 2023, MP had entered into a Memorandum of Understanding (MoU) (Annexure - III) with
Suvarnadwipa Port Trust (SPT). SPT is a PSU which is wholly owned by the Government of
Suvarnadwipa and administers the Suvarnadwipa Port. Given the expanding growth of the
Suvarnadwipa Port, SPT had decided to set up a new container terminal which would increase
the capacity of Suvarnadwipa Port.
18. As per the terms of the MoU, MP was to invest a sum of USD 2 Billion for setting up the new
container terminal. Once the port terminal was set up, a joint venture (JV) was to be
incorporated which would own the port terminal with MP owning 75% stake in the JV while SPT
was to own the balance 25% stake.
19. After signing the MoU, MP started constructing the container terminal without any delay and it
was anticipated that the construction would be completed by 31 March, 2025. In the
meanwhile, MP and SPT were in negotiations regarding the terms of the JV (JV Agreement).
20. However, the SPSDR Act, 2009 posed a matter of frustration for JayP and his government as the
PSUs failed to defend themselves in a number of arbitrations. It led to a surge in arbitration
cases involving PSUs, many of which resulted in substantial losses for the government. At one
point of time, the total value of arbitral awards which had been passed against the PSUs and
pending enforcement exceeded 20% of the total GDP of Suvarnadwipa.

18
 MOOT COURT COMPETITION JANUARY 17-19, 2025

21. In response, an Act “Suvarnadwipa Public Procurement Litigation and Adjudication Act of 2024
(SPPLA) was passed on January 1, 2024, with retrospective effect, repealing the SPSDR Act, 2009
(Annexure – IV).
22. As per the said Act, every contract between PSUs and private parties would be devoid of an
arbitration clause and all disputes arising out of or related to the contract would be resolved
exclusively through litigation while following the due process and judicial system laid down in
Suvarnadwipa’s Constitution to resolve the disputes.
23. The SPPLA Act led to immense concern amongst foreign investors and to provide some respite
to them and gain popularity, JayP issued a statement in the media stating:
“The SPPLA Act has been issued in the interest of public policy as the process of arbitration has
resulted in an unsustainable burden on PSUs. Most importantly, I have full faith in the national
courts of Suvarnadwipa that they will be able to provide a more controlled environment for
ensuring justice in disputes involving state-owned entities instead of arbitrations wherein
private parties can exploit the system to obtain favourable awards.”
24. MantraTech Ports was surprised with the enactment of the SPPLA Act and JayP’s statements. MP
informed SPT that it wanted to add an arbitration clause in the JV Agreement. MP clarified that
any dispute that may arise out of the JV was likely to be a high-stake, complex dispute which the
courts of Suvarnadwipa might be unlikely to appreciate.
25. MP expressed concern over potential bias in Suvarnadwipa’s courts, given SPT’s status as a large
PSU, but maintained faith in the court system’s impartiality. SPT, however, refused to include an
arbitration clause, citing the SPPLA Act, and insisted that disputes be subject to the exclusive
jurisdiction of Suvarnadwipa’s courts.
26. MP also expressed that arbitration is globally recognized as a faster, specialized mechanism,
especially for complex, high-stakes commercial disputes. Forcing MP to litigate through
Suvarnadwipa’s courts, particularly when one party is a powerful state-owned entity, creates an
unequal playing field, making it harder for foreign investors to protect their interests thereby
creating lack of confidence in the investors and questions the tenets of the public policy
objectives.
27. With a stalemate reached, MP, having already invested substantial funds into the container
terminal project, felt cornered. MP decided to challenge the constitutionality of the SPPLA Act in
the Supreme Court of Suvarnadwipa under the Constitution of Suvarnadwipa, claiming that the
Act violated its various fundamental rights enshrined in Suvarnadwipa’s Constitution.
28. During the proceedings before the Supreme Court of Suvarnadwipa, MP argued that by
prohibiting arbitration and mandating litigation through the courts, the SPPLA Act limits MP’s
ability to choose the most efficient and effective means of dispute resolution, which is a critical
aspect of its commercial freedom.
29. Furthermore, SPPLA Act’s restriction on the method of dispute resolution is an unreasonable
restraint on business activity thus breaching its right to freedom to conduct business, fair trial,
and equal protection under the law, among others as there does not exist a rational nexus to

19
 MOOT COURT COMPETITION JANUARY 17-19, 2025

legitimate government objectives.

30. On the other hand, the Government of Suvarnadwipa and SPT argued that the SPPLA Act does
not restrict the right to do business but merely channels disputes through a transparent judicial
system, which is not an unreasonable restriction, especially for contracts involving public
resources.
31. Additionally, the said classification between PSU contracts and other contracts can be
considered as reasonable and is rather the need of the hour as it involves protection of public
resources and heightened need for scrutiny.
32. In light of the ongoing dispute between MantraTech and Suvarnadwipa Port Trust, several other
private parties who have encountered similar contractual issues with various Public Sector
Undertakings (PSUs) in Suvarnadwipa have also sought to join the litigation. These parties,
having faced delays, contractual breaches, or disagreements over performance obligations
with PSUs in their respective agreements, have filed petitions for resolution.
33. Given the commonality of legal issues involved, the Honorable Supreme Court of Suvarnadwipa
has decided to tag all these matters together. The Supreme Court has issued notice to all the
parties and listed the matter for final hearing in January, 2025. All issues including
maintainability of the petition have been kept open for the final hearing.
Notes:
A. The Constitution and laws of Suvarnadwipa are pari-materia to the Indian Constitution and the
laws of India.
B. The participants are free to take additional issues for their arguments.
C. Suvarnadwipa is a signatory to the United Nations Commission on International Trade Law
(UNCITRAL) and has ratified its provisions through the enactment of the Arbitration and
Conciliation Act, 1996 aligning its legal framework with international standards for arbitration
and dispute resolution.
D. The Arbitration and Conciliation Act, 1996, has to be read in consonance with the Arbitration
and Conciliation (Amendment) Acts of 2015, 2019 and 2021.
Issued Raised
I. Whether the petition challenging the Suvarnadwipa Public Sector Dispute Resolution Act, 2024
is maintainable before the Supreme Court of Suvarnadwipa.
II. Whether the Suvarnadwipa Public Procurement Litigation and Adjudication Act, 2024 (SPPLA) is
violative of Article 19 of the Constitution of Suvarnadwipa.
III. Whether the Suvarnadwipa Public Procurement Litigation and Adjudication Act, 2024 (SPPLA) is
violative of Article 14 of the Constitution of Suvarnadwipa.

20
 MOOT COURT COMPETITION JANUARY 17-19, 2025

Disclaimer
The Problem is a hypothetical Moot Problem. It is only for the academic purpose having
no concern with any pending/decided cases before any court and all details and names of
the parties are fictitious and have nothing to do with reality even if found similar it is only
coincident.

ANNEXURE – I
Copy of the Suvarnadwipa Public Sector Dispute Resolution Act, 2009 (SPSDR)
Act No. 12 of 2009
An Act to provide for the incorporation of alternative dispute resolution methods of resolving
disputes arising from public procurement contracts, ensuring efficiency, transparency, and
accountability in such contracts.
Preamble
Whereas it is expedient to ensure that disputes arising from public procurement contracts are
resolved in a timely, cost-effective, and efficient manner;
Whereas the Government of India acknowledges the importance of alternative dispute
resolution (ADR) mechanisms, including arbitration and mediation, in reducing litigation
burdens on courts and enhancing technical decision-making;
It is hereby enacted by the Parliament of India as follows:
Chapter I: Preliminary
Section 1: Short Title and Commencement
1. This Act shall be called the Public Sector Dispute Resolution Act, 2010.
2. It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
Section 2: Definitions
In this Act, unless the context otherwise requires:
1. “Arbitration” means arbitration as per the provisions of the Arbitration and Conciliation Act,
1996.
2. “Public Procurement Contract” means any contract executed by a government entity, ministry,
department, or public sector undertaking (PSU) for the procurement of goods, services, or
works.
3. “Institutional Arbitration” refers to arbitration administered by specialized institutions like the
Indian Council of Arbitration, with established rules of procedure.
4. “Public Sector Undertaking” means a Government Company as defined under Section 2 (45) of
the Companies Act, 2013.

21
 MOOT COURT COMPETITION JANUARY 17-19, 2025

Chapter II: Objectives and Application

Section 3: Objective of the Act
The objective of this Act is to:
1. Promote the use of alternative dispute resolution as preferred modes of dispute resolution in
public procurement contracts.
2. Reduce the burden on courts by providing quicker and more efficient methods of resolving
disputes.
3. Ensure transparency, fairness, and public accountability in the resolution of disputes involving
government entities.
Section 4: Applicability of the Act
This Act shall apply to:
1. All public procurement contracts executed by government ministries, departments, or public
sector undertakings.
2. Disputes arising from the performance, non-performance, or termination of such contracts.
Chapter III: Arbitration in Public Procurement Contracts
Section 5: Mandatory Inclusion of Arbitration Clause
1. Every public procurement contract entered into after the commencement of this Act shall
contain a mandatory arbitration clause, stating that any dispute arising from or in connection
with the contract shall be resolved through arbitration.
2. The arbitration clause shall clearly define:
a. The procedure for appointing arbitrators.
b. The scope of the arbitrator’s authority.
c. The applicable rules of arbitration.
3. The arbitration clause must be in conformity with the Arbitration and Conciliation Act, 1996.
Section 6: Technical Expertise in Arbitration
1. In disputes involving technical subject matter, the parties may appoint arbitrators with
specialized knowledge or technical expertise relevant to the dispute.
2. The arbitral tribunal shall have the power to consult expert witnesses or appoint assessors to
assist in technical matters, as deemed necessary.
Section 7: Finality of Arbitration Awards
1. Arbitration awards rendered under this Act shall be final and binding on the parties, subject to
the limited grounds for appeal provided under the Arbitration and Conciliation Act, 1996.
2. No appeal or revision shall lie against an arbitral award except in cases involving fraud, bias, or
violation of public policy.

22
 MOOT COURT COMPETITION JANUARY 17-19, 2025

Section 8: Institutional Arbitration

1. In cases where the complexity of the dispute or the financial stakes are high, parties shall be
encouraged to opt for institutional arbitration.
2. Institutional arbitration shall be conducted as per the rules of the institution administering the
arbitration, which may include the Indian Council of Arbitration or other recognized bodies.
Chapter IV: Government’s Role as a Disputant
Section 9: Accountability to Parliament
1. When a government ministry, department, or public sector undertaking is a party to a dispute, it
shall ensure that the use of ADR mechanisms is consistent with its accountability to Parliament.
2. The government shall act fairly and without bias, ensuring that all dispute resolution processes
serve the public interest.
Section 10: Public Interest and Transparency
1. The government and public entities shall ensure that all ADR proceedings are conducted with
due regard to transparency, fairness, and the protection of public resources.
2. The outcome of arbitration or mediation shall be subject to review by the appropriate authority
to ensure compliance with public policy objectives.
Chapter V: Implementation and Capacity Building
Section 11: Training and Capacity Building
1. The Central Government shall establish programs for the training of officers involved in public
procurement to familiarize them with the processes and benefits of alternative dispute
resolution.
2. Regular workshops and training sessions shall be conducted to equip officials with the
necessary skills to manage ADR proceedings effectively.
Section 12: Dispute Resolution Committees
1. The government may establish Dispute Resolution Committees to review disputes before they
proceed to any of the methods of dispute resolution.
2. Such committees shall provide an initial assessment of the dispute and recommend the
appropriate ADR mechanism to be followed.
Chapter VI: Miscellaneous
Section 13: Power to Make Rules
1. The Central Government may, by notification, make rules for carrying out the purposes of this
Act.
2. Such rules may include guidelines for the appointment of arbitrators, mediation procedures,
and the use of institutional arbitration.
Section 14: Repeal and Savings
1. Any provisions in public procurement laws or guidelines inconsistent with this Act are hereby
repealed to the extent of such inconsistency.

23
 MOOT COURT COMPETITION JANUARY 17-19, 2025

2. Any proceedings initiated before the commencement of this Act shall continue as per the
provisions in force at the time of initiation.
Schedule
The Schedule of Rules and Guidelines for Public Sector Dispute Resolution shall be notified by
the Central Government from time to time, outlining the operational procedures and best
practices to be followed.
ANNEXURE – II
Proposal for Setting up a New Container Terminal at Suvarnadwipa Port
From:
Suvarnadwipa Port Trust (SPT)
Government of Suvarnadwipa
Kaladweep Branch
Suvarnadwipa

To:
MantraTech Ports
A subsidiary of MantraTech Pvt. Ltd.
Corporate Office,
Kaladweep, Suvarnadwipa

Date: 20th January, 2023

Subject: Proposal for Joint Venture in the Development of a New Container Terminal at Suvarnadwipa
Po
Dear Bhaskar Ravi,
We hope this communication finds you well.
It gives us immense pleasure to formally extend a proposal to MantraTech Ports for a strategic
collaboration with Suvarnadwipa Port Trust (SPT) in the development of a state-of-the-art container
terminal to expand the current capacity of Suvarnadwipa Port. This project is part of our larger vision to
reinforce Suvarnadwipa Port's status as a premier hub for global trade and logistics.
As a subsidiary of the renowned MantraTech Pvt. Ltd., MantraTech Ports has a strong track
record in port operations, logistics, and infrastructure development. We are confident that your
expertise in port management and technological innovation will be instrumental in ensuring the
success of this high-priority project.

24
 MOOT COURT COMPETITION JANUARY 17-19, 2025

Project Overview:
1. Project Scope:
Setting up a new container terminal at Suvarnadwipa Port to increase its handling capacity.
The terminal will accommodate the latest infrastructure for handling large container vessels,
including advanced crane systems, storage facilities, and digitalized cargo management
solutions.
2. Investment Requirements:
MantraTech Ports will invest approximately USD 2 Billion towards the construction and
development of the terminal.
A Joint Venture (JV) will be established, where MantraTech Ports will hold a 75% stake and SPT
will hold the remaining 25% stake in the project.
3. Duration and Completion Timeline:
The construction phase is expected to begin by July 2023, with the terminal anticipated to be
fully operational by March 2025.
All project timelines and milestones will be mutually agreed upon to ensure timely completion
and commissioning.
4. Key Features of the Joint Venture
Infrastructure Excellence: The new terminal will feature cutting-edge equipment and
technology, ensuring seamless operations and improved efficiency in port handling.
Operational Efficiency: Our goal is to optimize throughput while reducing turnaround times,
making Suvarnadwipa Port a preferred destination for shipping lines.
Employment Generation: The project will provide a significant boost to local employment,
offering opportunities for skilled and unskilled labor in Suvarnadwipa.
Revenue Sharing: The proposed joint venture will have a clear revenue-sharing model, with
profit-sharing aligned with the equity stakes.
5. Project Governance and Agreement:
Upon acceptance of this proposal, both parties will work together to finalize the Joint Venture
Agreement (JVA) outlining the roles, responsibilities, governance structure, and profit-sharing
mechanisms.
Dispute resolution mechanisms will be in line with industry standards, ensuring smooth
collaboration throughout the project lifecycle.
Suvarnadwipa Port Trust is excited about the prospect of partnering with MantraTech Ports in
this transformative project. We firmly believe that this collaboration will not only enhance the
capacity and capabilities of Suvarnadwipa Port but also contribute significantly to the economic
growth and trade efficiency of the region.

25
 MOOT COURT COMPETITION JANUARY 17-19, 2025

We look forward to your favorable consideration of this proposal. Please feel free to contact us
for further discussions or clarifications on any aspect of this proposal. We are eager to initiate
the next steps and proceed towards the successful execution of this ambitious project.

Thank you for your time and consideration.

Warm regards,

Abhishek Tripathi
Director
Suvarnadwipa Port Trust (SPT)
Email: [email protected]
Phone: +91 9191919191
ANNEXURE – III
MEMORANDUM OF UNDERSTANDING
BETWEEN
MANTRATECH PRIVATE LIMITED AND SUVARNADWIPA PORT TRUST
This Memorandum of Understanding (“MoU”) is entered into on June 10, 2023 at
Kaladwipa the capital of Suwarnadwipa, by and between:
MantraTech Port Limited (“MP”), a subsidiary company of MantraTech Private Limited
incorporated under the laws of Suvarnadwipa, having its registered office at Kaladwipa,
hereinafter referred to as “MP”, which expression shall, unless repugnant to the context or
meaning thereof, include its successors and permitted assigns;
AND
Suvarnadwipa Port Trust (“SPT”), a Public Sector Undertaking wholly owned by the
Government of Suvarnadwipa, having its principal office at Kaladwipa, hereinafter referred
to as “SPT”, which expression shall, unless repugnant to the context or meaning thereof,
include its successors and permitted assigns;
(MP and SPT are hereinafter collectively referred to as the “Parties” and individually as a
“Party”).
1. SPT, in its capacity as the authority administering the Suvarnadwipa Port, has undertaken
initiatives to expand and modernize the infrastructure of Suvarnadwipa Port to meet the
increasing demand for container shipping services;
2. SPT has decided to establish a new container terminal at Suvarnadwipa Port to increase its
capacity, efficiency, and ability to handle future trade growth;

26
 MOOT COURT COMPETITION JANUARY 17-19, 2025

3. MP is a renowned global leader in the construction and operation of port infrastructure, with
significant expertise and resources to undertake large-scale infrastructure projects;
4. The Parties are desirous of collaborating on the construction and operation of the new
container terminal at Suvarnadwipa Port;

NOW, THEREFORE, the Parties hereby agree as follows:

1. Purpose of the MoU
The purpose of this MoU is to establish the broad framework for cooperation between MP
and SPT for the development, construction, and subsequent operation of a new container
terminal at Suvarnadwipa Port. The Parties intend to jointly create a container terminal that
enhances the port’s capacity and strengthens its position as a major international port in the
region.
2. Project Investment
a. MP agrees to invest a sum of USD 2 Billion for the development and construction of the new
container terminal at Suvarnadwipa Port.
b. The funds shall be allocated towards the construction, installation, and commissioning of the
terminal and all necessary associated infrastructure required for its operation.
3. Construction and Completion
a. Upon the signing of this MoU, MP commenced construction of the new container terminal
without delay.
b. The Parties anticipate that the construction of the container terminal will be completed by
March 31, 2025.
c. Both Parties commit to take all necessary steps to ensure the timely completion of the
project, including any required government approvals or permits.
4. Incorporation of a Joint Venture
a. Once the container terminal is constructed, the Parties agree to establish a Joint Venture
(“JV”) for the ownership and operation of the terminal.
b. MP shall own a 75% equity stake in the JV, while SPT shall own the remaining 25% equity
stake.
c. The JV shall be incorporated in accordance with the laws of Suvarnadwipa, and its
governance and management shall be mutually agreed upon by the Parties through a
separate Joint Venture Agreement to be executed following the completion of the terminal.

27
 MOOT COURT COMPETITION JANUARY 17-19, 2025

5. Roles and Responsibilities

a. MantraTech Private Limited (MP)
i. MP shall be responsible for:
1. Undertaking and completing the construction of the container terminal as per the
agreed timeline;
2. Ensuring compliance with all technical, environmental, and safety standards during
construction and operation;
3. Investing the agreed capital of USD 2 Billion for the project;
4. Managing the operations of the JV following the terminal’s commissioning, subject to the
terms of the future Joint Venture Agreement.
b. Suvarnadwipa Port Trust (SPT)
i. SPT shall be responsible for:
1. Providing the land, rights, and necessary access within Suvarnadwipa Port for the
construction of the new container terminal;
2. Facilitating the acquisition of any necessary regulatory approvals, licenses, and
clearances from the Government of Suvarnadwipa;
3. Supporting MP in ensuring smooth execution of the construction and operation phases
of the project.
6. Binding Effect
This MoU shall be considered as an expression of the intent of the Parties to collaborate on
the development and operation of the new container terminal. The MoU does not create any
binding legal obligations between the Parties except for those provisions relating to
confidentiality, governing law, and dispute resolution.
7. Confidentiality
The Parties agree to maintain the confidentiality of any proprietary or sensitive information
exchanged between them during the course of this collaboration, and shall not disclose such
information to any third party without prior written consent, except as required by law.
8. Governing Law and Dispute Resolution
a. This MoU shall be governed by and construed in accordance with the laws of Suvarnadwipa.
b. Any disputes arising from or in connection with this MoU shall be resolved amicably through
mutual discussions between the Parties and in accordance with the process determined by
the laws of Suvarnadwipa.
9. Future Agreements
The Parties agree that this MoU is a preliminary understanding and that the detailed terms
and conditions of the joint venture, financing, and other operational details shall be
formalized in a definitive agreement to be executed at a later stage.

28
 MOOT COURT COMPETITION JANUARY 17-19, 2025

10. Termination
Either Party may terminate this MoU by providing Sixty (60) days’ written notice to the other
Party, provided that the termination of this MoU shall not affect any rights or obligations that
have already accrued prior to such termination.
IN WITNESS WHEREOF, the Parties have caused this Memorandum of Understanding to be
executed by their duly authorized representatives on the date first written above.
ANNEXURE – IV
Copy of the Suvarnadwipa Public Procurement Litigation and Adjudication Act, 2024 (SPPLA)
Act No. 4 of 2024
Preamble
An Act to provide for the adjudication of disputes arising out of public procurement
contracts involving Public Sector Undertakings (PSUs) and private or other entities through
the national courts of Suvarnadwipa, replacing the existing process of arbitration laid down
under Public Sector Dispute Resolution Act, 2009.
1. Short title, extent, and commencement
a. This Act may be called Public Procurement Litigation and Adjudication, 2024.
b. It shall come into force on such date as the Government may, by notification in the Official
Gazette, appoint.
2. Definitions
I n this Act, unless the context otherwise requires:
a. “Public Sector Undertaking” means a Government Company as defined under Section 2 (45)
of the Companies Act, 2013.
b. “Public Procurement Contract” means any contract executed by a government entity,
ministry, department, or public sector undertaking (PSU) for the procurement of goods,
services, or works.
c. “National Courts” refers to the competent courts of Suvarnadwipa, including district courts,
the High Courts and the Supreme Court, as designated under this Act.
3. Exclusive jurisdiction of national courts
a. Notwithstanding anything contained in any other law for the time being in force, all disputes
arising out of public procurement contracts involving PSUs shall be adjudicated exclusively
by the national courts of Suvarnadwipa.
b. The jurisdiction of arbitral tribunals under the Arbitration and Conciliation Act, or any other
legislation providing for alternative dispute resolution mechanisms, shall stand excluded for
disputes under public procurement contracts with PSUs.

29
 MOOT COURT COMPETITION JANUARY 17-19, 2025

4. Special Bench for Public Procurement Disputes

a. The Chief Justice of the High Court of Suvarnadwipa may establish a Special Bench to hear
and decide cases related to public procurement disputes.
b. The Special Bench shall comprise judges with expertise in commercial and procurement law.
5. Time-bound resolution
a. All public procurement disputes shall be decided by the national courts within a period of
twelve (12) months from the date of filing of the suit.
b. Extension of this period shall only be granted under exceptional circumstances, with reasons
recorded in writing by the court.
6. Interim relief and specific performance
a. The national courts shall have the power to grant interim relief, including injunctions, in
cases involving public procurement contracts.
b. The courts may also direct specific performance of contractual obligations, wherever
necessary, to ensure the continuity of public procurement operations.
7. Repeal and savings
a. All provisions relating to arbitration under any existing law or contract concerning public
procurement contracts involving PSUs shall be deemed repealed to the extent of
inconsistency with this Act.
b. Notwithstanding the repeal, any proceedings or awards in arbitration that have commenced
or concluded prior to the commencement of this Act shall remain valid.
8. Power to make rules
a. The Government of Suvarnadwipa may, by notification in the Official Gazette, make rules for
the implementation and enforcement of this Act.
b. Such rules may provide for procedural guidelines for the filing of cases, court fees, and any
other necessary provisions to ensure the smooth operation of this Act.
9. Retrospective application of the Act
a. Notwithstanding anything contained in this Act or any other law, the provisions of this Act
shall apply retrospectively to all public procurement contracts entered into by PSUs with any
other party, on and after January 1, 2020, provided that such contracts are still in force as of
the date of commencement of this Act.
b. Any dispute arising out of a public procurement contract entered into on or after January 1,
2020, whether such dispute is currently under arbitration, negotiation, or any other dispute
resolution process, shall be transferred to the national courts as per the provisions of this
Act.
c. All arbitration proceedings or awards initiated or issued under such contracts after January
1, 2020 but before the commencement of this Act shall be deemed null and void, and the
parties shall have the right to file the dispute afresh in the national courts of Suvarnadwipa.

30
 JANUARY 17-19, 2025

d. The retrospective application of this Act shall not affect the validity of contracts,
performance, or payments already executed in compliance with contractual terms, except
with respect to dispute resolution provisions.

Schedule
This Act replaces arbitration with the national courts of Suvarnadwipa as the forum for
dispute resolution in public procurement contracts involving PSUs, ensuring a judicial
oversight mechanism for public contracts and fostering transparency and efficiency in the
adjudication process.
ANNEXURE - V
Notification of Dispute Resolution Process
From:
Suvarnadwipa Port Trust (SPT)
Government of Suvarnadwipa
Kaladweep Branch
Suvarnadwipa

To:
MantraTech Ports
A subsidiary of MantraTech Pvt. Ltd.
Corporate Office,
Kaladweep, Suvarnadwipa
Date: 20th January, 2024

Subject: Notification of Dispute Resolution Process being governed by SPPLA 2024.

Dear Bhaskar Ravi,

I hope this message finds you well.

We are writing to formally inform you that in accordance with recent legislative changes, all
contractual and procurement matters involving Suvarnadwipa Port Trust (SPT) will now be governed
by the newly enacted Suvarnadwipa Public Procurement Litigation and Adjudication Act, 2024
(SPPLA Act), which came into effect on January 1, 2024.
Under the provisions of the SPPLA Act, all dispute resolution processes arising from or related to

31
 MOOT COURT COMPETITION JANUARY 17-19, 2025

public contracts, including those involving MantraTech Ports, will be exclusively subject to litigation
within the judicial system of Suvarnadwipa. This legislative shift mandates that any disputes arising
from ongoing or future agreements between SPT and private entities will now follow the litigation
procedures as outlined in the Act.
We understand that this may represent a change in the previously anticipated dispute resolution
framework. However, we would like to reassure you that Suvarnadwipa's judiciary is equipped to
handle such disputes with efficiency, transparency, and fairness, in accordance with the
Constitution and legal norms of our country.
We highly value our Joint Venture with MantraTech Ports and remain committed to ensuring
smooth collaboration in all our endeavors. Should you have any questions or require further
clarifications regarding the application of the SPPLA Act to our current or future engagements,
please feel free to reach out to us.
We look forward to your understanding and continued cooperation.
Warm regards,
Abhishek Tripathi
Director
Suvarnadwipa Port Trust (SPT)
Email:[email protected]
Phone: +91 9191919191

32
 FACULTY OF LAW
GLS Campus, Opp. Law Garden, Ellisbridge Ahmedabad – 380006
www.glsuniversity.ac.in