Dear Moot Participants,
Please be reminded that the problem clarifications shall be made in the language where the moot participants will be mooting in. Therefore, if mooters were to moot in BM, kindly submit your problem clarifications in BM as well.
Oct 13, 2012
MMU Law Moot 2012/2013 Official Rules and Regulations
The following are the rules and regulations of the Competition:
1. DEFINITION
1.1 Abbreviations
“MMU” refers to Multimedia University.
“MULS” refers to Multimedia University’s Law Society.
1.2 General Definition
“Administrator” means the person appointed to administer a Moot.
“Advanced Rounds” means the Semifinal Rounds and the Final Round.
“Bailiff” means the person who maintains order during a Moot.
“Competition” means the Law Moot Competition organised and administered by MULS.
“Competition Director” means the director of the Competition who is a member of the MULS and who heads the Organising Committee.
“Competition Problem” means the official competition question for the Preliminary Rounds and the Advanced Rounds as supplemented or corrected by any official Problem Clarifications or corrections.
“Head Administrator” means the person in charge of the panel of Administrators.
“Memorial” means the written pleadings of each Team, written and submitted in pursuant to these Rules.
“Moot” means the round of mooting in the Competition.
“Official Timetable” means the official timetable of the Competition.
“Organising Committee” means the members of the MULS who are in charge of organising and managing the Competition.
“Preliminary Rounds” means the rounds of mooting to determine the four (4) highest ranking Teams in each Tournament that would progress to the Advanced Rounds.
“Problem Clarifications” means the official clarifications of the Competition Problem and of these Rules.
“Rules” means the Law Moot Competition Rules, subject to any supplementary rules.
“Team” means any team registered for the Competition.
“Tournament” means the English Tournament, the official language of which is the English language, and the Bahasa Malaysia Tournament, the official language of which is Bahasa Malaysia.
1.3 Interpretation
In these Rules unless the context otherwise requires,
(a) words and expressions in the singular include the plural, and words and expressions in the plural include the singular;
(b) words and expressions importing the masculine gender include feminine.
2. ORGANISATION OF THE COMPETITION
2.1 Organising Committee and Competition Director
2.1.1 The Organising Committee shall administer the Competition.
2.1.2 The Competition Director in consultation with the Head Administrator shall have the final say in all matters or disputes related to the conduct of the Competition.
2.1.3 Competition Director shall not:
(a) sit as a judge nor influence the judge(s) in any way;
(b) provide any assistance or instructions to any Team participating in the Competition;
(c) prejudice any participating Team in any way.
2.2 Administrator(s)
2.2.1 There shall be a panel of Administrators who are law academicians.
2.2.2 The Head Administrator will appoint an Administrator for a Moot and will designate the date and location for each Moot.
2.2.3 The Administrators must conduct a Moot consistent with these Rules and in consultation with the Head Administrator.
2.2.4 The Head Administrator shall serve as final arbiter of implementation and interpretation of these Rules.
2.2.5 Administrators shall not:
(a) serve as coach or in any other way assist a Team registered in his or her Moot;
(b) prejudice any participating Team in any way.
3. STRUCTURE OF THE COMPETITION
3.1 Competition Tournaments
3.1.1 Unless otherwise specified in the supplementary rules, the Competition consists of two (2) Tournaments:
(a) the English Tournament; and
(b) the Bahasa Malaysia Tournament.
3.1.2. Teams participating in each Tournament will be determined by a random draw after the close of registration in the Official Timetable.
3.1.3 Each Tournament consists of two (2) levels:
(a) the Preliminary Rounds; and
(b) the Advanced Rounds.
3.1.4 Preliminary Rounds is applicable if there are more than sixteen (16) participating Teams.
3.2 Preliminary Rounds
3.2.1 Unless otherwise specified in the supplementary rules, all Teams shall compete in the Preliminary Rounds.
3.2.2 The pairing of Teams in the Preliminary Rounds shall be determined by a random draw.
3.2.3 In the event that an odd number of Teams register for the Competition, the odd Team will moot ex parte in accordance with Rule 8.4.2.
3.2.4 The Administrators may modify the pairings to account for absent Teams or other contingencies. If Teams must be newly paired, they must be provided their new opponents’ Memorials as soon as reasonably possible, but in no event less than fifteen (15) minutes prior to the start of the newly paired round.
3.2.5 Four highest ranking Teams in each Tournament will progress to the Advanced Rounds.
3.3 Advanced Rounds
3.3.1 The Advanced Rounds consist of the Semifinal Rounds and the Final Round.
3.3.2 Teams progressing to the Advanced Rounds will be announced after the conclusion of the Preliminary Rounds.
3.3.3 The draw for the Semifinal Rounds is as follows (where Team A is the highest placed team and Team D the lowest placed team):
Round 1: Team A v Team D
Round 2: Team B v Team C
3.3.4 The winning Team from each Semifinal Round progresses to the Final Round.
4. PARTICIPATION AND ELIGIBILITY
4.1 Team Eligibility
4.1.1 All MMU law students are eligible to participate in the Competition.
4.1.2 The number of Teams eligible to participate shall be determined by the Organising Committee.
4.2 Registration
4.2.1 Each Team must complete and submit a registration form to the Organising Committee by the registration deadline in the Official Timetable.
4.2.2 Each Team must remit the appropriate registration fee (if any) by the registration deadline in the Official Timetable. The amount of registration fee payable (if any) will be prescribed in the supplementary rules.
4.3 Team Composition and Number as Identification
4.3.1 Unless otherwise specified in the supplementary rules, a Team is composed of two (2) members, namely one (1) counsel and one (1) co-counsel.
4.3.2. Each Team will be assigned with a team number by the Organising Committee upon registration.
5. COMPETITION PROBLEM
5.1 Release of Competition Problem
5.1.1 The Competition Problem will be released on the date or dates in the Official Timetable and the same facts in the Competition Problem will be used throughout the Competition.
5.2 Problem Clarifications
5.2.1 Teams may submit written requests for clarifications of the Competition Problem to the Head Administrator by the date in the Official Timetable.
5.2.2 Problem Clarifications will be limited to factual clarifications of the Competition Problem and no legal clarifications will be allowed.
5.2.3 The Head Administrator in with the panel of Administrators will publish Problem Clarifications on the date in the Official Timetable.
5.2.4 Each Team must ensure that it receives and adequately notes the Problem Clarifications in preparation for the Competition.
6. JUDGES
6.1 Eligibility of Persons to Judge
6.1.1 The Head Administrator shall determine the persons who are eligible to serve as judges in the Competition.
6.1.2 Judges should disqualify themselves from judging a Team if they have a personal or professional relationship with someone affiliated with that Team, and if that relationship might jeopardise their impartiality or create an appearance of impropriety. However, judges should not disqualify themselves from judging a round merely because they have an acquaintance with a Team member.
6.2 Number of Judges
6.2.1 The Preliminary Rounds are heard by one (1) judge.
6.2.2 The Advanced Rounds may be heard by one (1) judge or a panel of three (3) judges.
6.3 Commentary by Judges
Judges are encouraged to provide direct feedback to the Teams regarding the Teams’ performance at the completion of a Moot. In providing such feedback, judges are advised to give due regard to the time limitations and schedule of the Competition.
7. MEMORIALS
7.1 Submission of Memorials
7.1.1 Each Team must prepare and submit a Memorial.
7.1.2 Each Team must submit the hardcopy of the Memorial to the Head Administrator on the date and time specified in the Official Timetable. The duty to prepare the hardcopy of the Memorial is on each Team.
7.2 Language of Memorials
Teams must submit Memorials in the official language of the Tournament in which they are participating.
7.3 Structure of Memorials
Rules relating to formatting, content, citation and anonymity of memorials are set out in Schedule 1.
8. MOOT
8.1 Language
Teams must moot in the official language of the Tournament in which they are participating. Interpreters will not be available.
8.2 General Procedures
8.2.1 In a Moot, each Team is allowed forty five (45) minutes to moot, which is to be apportioned as follows:
(a) counsel – 20 minutes
(b) co-counsel – 20 minutes
(c) rebuttal and surrebuttal – 5 minutes
8.2.2 Any of the counsels in each Team is entitled to deliver a rebuttal or surrebuttal.
8.2.3 Nothing may be handed up to the judge(s).
8.3 Extension of Time
Judges may, at their discretion, permit time extensions if counsels are requested to elaborate their argument.
8.4 Ex Parte Procedure
8.4.1 In circumstances where after waiting five (5) minutes, a Team fails to appear for a scheduled Moot, the Administrator may allow the Moot to proceed ex parte.
8.4.2 In the ex parte proceeding, the attending Team shall present its oral submissions, which is scored by the judge(s) to the extent possible as if the absent Team had been present and arguing. In such a case, unless supported with justifiable reasons, the Team that fails to appear for the scheduled Moot forfeits all scores stipulated under Rule 9.1.1(a).
8.5 Communications during a Moot
Only communications listed below are permitted:
(a) A counsel may communicate with the judge(s), and the judge(s) may communicate with that counsel, during the counsel’s allotted time.
(b) Counsels are not permitted as to communicate orally with each other to avoid disruptions and distractions. All communication at the counsel table shall be in writing.
(c) Counsels shall not communicate either orally or in writing with spectators or the Bailiff.
8.6 Spectators
The Preliminary Rounds and Advanced Rounds are open to the general public. During a Moot, the presence of the Team’s coaches, advisors, or other spectators affiliated are permitted in the courtroom.
8.7 Prohibition from attending a Moot
8.7.1 Team members or persons directly affiliated with any Team shall not attend a Moot in which their Team is not competing. If there is any violation the Administrator must be informed immediately, without disturbing the Moot, or immediately after the Moot has ended.
8.7.2 The Head Administrator shall have the discretion to impose a penalty on teams that violate this rule.
8.8 Audio and Videotaping
8.8.1 No audio or videotaping of moots is permitted without the advance permission of the judge(s) and the Administrator. The use of any appliance, capable of storing audio and/or video is prohibited during the Competition.
8.8.2 Participating Teams are not permitted to view or listen to any such audio tape until after the completion of the Tournament in which the taped Moot occurs.
8.8.3 MULS reserves all rights to the audio and videotaping, or any other form of audio or visual reproduction, of any Moot or part thereof. All Teams participating in the Competition are deemed to have consented to taping and broadcasting of that Moot.
8.9 Computers and Laptops in Courtrooms
During a Moot, counsels shall not operate laptops, handheld or desktop computers or computing devices for any purpose.
9. SCORING SYSTEM
9.1 Method of Scoring
9.1.1 The scoring system consists of two parts, namely:
(a) Scoring of the Moot (70%);
(b) Scoring of the Memorial (30%).
9.1.2 A Team’s total competition score is the sum total of (a) and (b). For the break down of the scores, refer to Schedule 2 and 3.
9.1.3 Scores for the Memorials will be given by the Administrator(s), and such scores may not be revealed to the judge(s). Scores for the Moot will be given by the respective judge(s).
9.1.4 All decisions made in the scoring system are at the discretion of the Administrator(s) and/or judge(s) and shall not be disputed.
9.1.5 Administrators and judges must keep confidential from all Teams the exact score in each pairing, and each judge’s determination in the pairing.
9.1.6 Only the identity of the Teams progressing to the Advanced Rounds and the winning Team(s) in the Advanced shall be revealed.
9.2 Determination of Ranking in Preliminary Rounds
9.2.1 Teams shall be ranked by the highest sum total of Rule 9.1.1(a) and (b).
9.2.2 In the event of a tie, Teams having the higher score for the Moot shall be ranked higher.
9.2.3 In the event of a tie in respect of the Moot score, Teams having the higher score for the legal content of the Memorial shall be ranked higher.
9.2.4 In the event of a tie with respect to both the Moot and the Memorial, Teams progressing to the Advanced Rounds shall be decided by the panel of Administrators and the decision shall not be disputed.
9.3 Determination of Winners in Advanced Rounds
9.3.1 The winner of a Moot in the Advanced Rounds will be the Team having the highest sum total of Rule 9.1.1(a) and (b).
9.3.2 In the event of a tie, the Team having the higher score for the Moot shall be the winner.
9.3.3 In the event of a tie in respect of the Moot score, the Team having the higher score for the legal content of the Memorial shall be the winner.
9.3.4 In the event of a tie with respect to both the Moot and the Memorial, the winner shall be decided by the judge or panel of judges, whichever is applicable, and the decision shall not be disputed.
10. AWARDS
10.1 Winner of the Tournament
The winning Team in the Final Round in each Tournament wins the Tournament and will receive the Challenge Trophy.
10.2 Best Oralist
10.2.1 In each Moot, the counsel with the highest individual oral score in Rule 9.1.1(a) shall be deemed to be the Best Oralist.
10.2.2 In the event of a tie, the judge(s) shall have the discretion to determine the Best Oralist, and such decision shall not be disputed.
10.2.3 Only the Best Oralist in the Final Round will be eligible for the Best Oralist Trophy.
10.3 Best Memorial
10.3.1 In the Final Round, the Team with the highest score for the Memorial in Rule 9.1.1(b) will be entitled for the Best Memorial Trophy.
10.3.2 In the event of a tie, the Head Administrator in consultation with the panel of Administrators shall have the discretion to determine the Team eligible for such Trophy, and such decision shall not be disputed.
11. MISCELLANEOUS
11.1 Complaint Procedure
11.1.1 If a Team believes that a violation of the Rules has occurred during a Moot, the Team shall inform the Bailiff in writing within five (5) minutes of the conclusion of that Moot. Teams must approach the Administrator with complaints if there is no Bailiff.
11.1.2 The violation and the parties involved in the violation shall be clearly described in the written notification. Teams are not allowed to approach the judges directly with regards to any violation of the Rules.
11.1.3 Failure to follow any of the procedures stipulated in this paragraph shall result in a waiver of the Team’s complaint.
11.1.4 If one or more judges believe that a violation has occurred during a Moot, he shall inform the Bailiff orally or in writing within five (5) minutes of the completion of the Moot. When possible, the matter should be brought to the Bailiff outside the attention of the other judges.
11.2 Additional and Supplementary Rules
The Organising Committee may make rules in addition and/or supplementary to the Rules in respect of any matters incidental, ancillary or supplementary thereto or concerning the conduct and administration of the Competition.
1.1 Abbreviations
“MMU” refers to Multimedia University.
“MULS” refers to Multimedia University’s Law Society.
1.2 General Definition
“Administrator” means the person appointed to administer a Moot.
“Advanced Rounds” means the Semifinal Rounds and the Final Round.
“Bailiff” means the person who maintains order during a Moot.
“Competition” means the Law Moot Competition organised and administered by MULS.
“Competition Director” means the director of the Competition who is a member of the MULS and who heads the Organising Committee.
“Competition Problem” means the official competition question for the Preliminary Rounds and the Advanced Rounds as supplemented or corrected by any official Problem Clarifications or corrections.
“Head Administrator” means the person in charge of the panel of Administrators.
“Memorial” means the written pleadings of each Team, written and submitted in pursuant to these Rules.
“Moot” means the round of mooting in the Competition.
“Official Timetable” means the official timetable of the Competition.
“Organising Committee” means the members of the MULS who are in charge of organising and managing the Competition.
“Preliminary Rounds” means the rounds of mooting to determine the four (4) highest ranking Teams in each Tournament that would progress to the Advanced Rounds.
“Problem Clarifications” means the official clarifications of the Competition Problem and of these Rules.
“Rules” means the Law Moot Competition Rules, subject to any supplementary rules.
“Team” means any team registered for the Competition.
“Tournament” means the English Tournament, the official language of which is the English language, and the Bahasa Malaysia Tournament, the official language of which is Bahasa Malaysia.
1.3 Interpretation
In these Rules unless the context otherwise requires,
(a) words and expressions in the singular include the plural, and words and expressions in the plural include the singular;
(b) words and expressions importing the masculine gender include feminine.
2. ORGANISATION OF THE COMPETITION
2.1 Organising Committee and Competition Director
2.1.1 The Organising Committee shall administer the Competition.
2.1.2 The Competition Director in consultation with the Head Administrator shall have the final say in all matters or disputes related to the conduct of the Competition.
2.1.3 Competition Director shall not:
(a) sit as a judge nor influence the judge(s) in any way;
(b) provide any assistance or instructions to any Team participating in the Competition;
(c) prejudice any participating Team in any way.
2.2 Administrator(s)
2.2.1 There shall be a panel of Administrators who are law academicians.
2.2.2 The Head Administrator will appoint an Administrator for a Moot and will designate the date and location for each Moot.
2.2.3 The Administrators must conduct a Moot consistent with these Rules and in consultation with the Head Administrator.
2.2.4 The Head Administrator shall serve as final arbiter of implementation and interpretation of these Rules.
2.2.5 Administrators shall not:
(a) serve as coach or in any other way assist a Team registered in his or her Moot;
(b) prejudice any participating Team in any way.
3. STRUCTURE OF THE COMPETITION
3.1 Competition Tournaments
3.1.1 Unless otherwise specified in the supplementary rules, the Competition consists of two (2) Tournaments:
(a) the English Tournament; and
(b) the Bahasa Malaysia Tournament.
3.1.2. Teams participating in each Tournament will be determined by a random draw after the close of registration in the Official Timetable.
3.1.3 Each Tournament consists of two (2) levels:
(a) the Preliminary Rounds; and
(b) the Advanced Rounds.
3.1.4 Preliminary Rounds is applicable if there are more than sixteen (16) participating Teams.
3.2 Preliminary Rounds
3.2.1 Unless otherwise specified in the supplementary rules, all Teams shall compete in the Preliminary Rounds.
3.2.2 The pairing of Teams in the Preliminary Rounds shall be determined by a random draw.
3.2.3 In the event that an odd number of Teams register for the Competition, the odd Team will moot ex parte in accordance with Rule 8.4.2.
3.2.4 The Administrators may modify the pairings to account for absent Teams or other contingencies. If Teams must be newly paired, they must be provided their new opponents’ Memorials as soon as reasonably possible, but in no event less than fifteen (15) minutes prior to the start of the newly paired round.
3.2.5 Four highest ranking Teams in each Tournament will progress to the Advanced Rounds.
3.3 Advanced Rounds
3.3.1 The Advanced Rounds consist of the Semifinal Rounds and the Final Round.
3.3.2 Teams progressing to the Advanced Rounds will be announced after the conclusion of the Preliminary Rounds.
3.3.3 The draw for the Semifinal Rounds is as follows (where Team A is the highest placed team and Team D the lowest placed team):
Round 1: Team A v Team D
Round 2: Team B v Team C
3.3.4 The winning Team from each Semifinal Round progresses to the Final Round.
4. PARTICIPATION AND ELIGIBILITY
4.1 Team Eligibility
4.1.1 All MMU law students are eligible to participate in the Competition.
4.1.2 The number of Teams eligible to participate shall be determined by the Organising Committee.
4.2 Registration
4.2.1 Each Team must complete and submit a registration form to the Organising Committee by the registration deadline in the Official Timetable.
4.2.2 Each Team must remit the appropriate registration fee (if any) by the registration deadline in the Official Timetable. The amount of registration fee payable (if any) will be prescribed in the supplementary rules.
4.3 Team Composition and Number as Identification
4.3.1 Unless otherwise specified in the supplementary rules, a Team is composed of two (2) members, namely one (1) counsel and one (1) co-counsel.
4.3.2. Each Team will be assigned with a team number by the Organising Committee upon registration.
5. COMPETITION PROBLEM
5.1 Release of Competition Problem
5.1.1 The Competition Problem will be released on the date or dates in the Official Timetable and the same facts in the Competition Problem will be used throughout the Competition.
5.2 Problem Clarifications
5.2.1 Teams may submit written requests for clarifications of the Competition Problem to the Head Administrator by the date in the Official Timetable.
5.2.2 Problem Clarifications will be limited to factual clarifications of the Competition Problem and no legal clarifications will be allowed.
5.2.3 The Head Administrator in with the panel of Administrators will publish Problem Clarifications on the date in the Official Timetable.
5.2.4 Each Team must ensure that it receives and adequately notes the Problem Clarifications in preparation for the Competition.
6. JUDGES
6.1 Eligibility of Persons to Judge
6.1.1 The Head Administrator shall determine the persons who are eligible to serve as judges in the Competition.
6.1.2 Judges should disqualify themselves from judging a Team if they have a personal or professional relationship with someone affiliated with that Team, and if that relationship might jeopardise their impartiality or create an appearance of impropriety. However, judges should not disqualify themselves from judging a round merely because they have an acquaintance with a Team member.
6.2 Number of Judges
6.2.1 The Preliminary Rounds are heard by one (1) judge.
6.2.2 The Advanced Rounds may be heard by one (1) judge or a panel of three (3) judges.
6.3 Commentary by Judges
Judges are encouraged to provide direct feedback to the Teams regarding the Teams’ performance at the completion of a Moot. In providing such feedback, judges are advised to give due regard to the time limitations and schedule of the Competition.
7. MEMORIALS
7.1 Submission of Memorials
7.1.1 Each Team must prepare and submit a Memorial.
7.1.2 Each Team must submit the hardcopy of the Memorial to the Head Administrator on the date and time specified in the Official Timetable. The duty to prepare the hardcopy of the Memorial is on each Team.
7.2 Language of Memorials
Teams must submit Memorials in the official language of the Tournament in which they are participating.
7.3 Structure of Memorials
Rules relating to formatting, content, citation and anonymity of memorials are set out in Schedule 1.
8. MOOT
8.1 Language
Teams must moot in the official language of the Tournament in which they are participating. Interpreters will not be available.
8.2 General Procedures
8.2.1 In a Moot, each Team is allowed forty five (45) minutes to moot, which is to be apportioned as follows:
(a) counsel – 20 minutes
(b) co-counsel – 20 minutes
(c) rebuttal and surrebuttal – 5 minutes
8.2.2 Any of the counsels in each Team is entitled to deliver a rebuttal or surrebuttal.
8.2.3 Nothing may be handed up to the judge(s).
8.3 Extension of Time
Judges may, at their discretion, permit time extensions if counsels are requested to elaborate their argument.
8.4 Ex Parte Procedure
8.4.1 In circumstances where after waiting five (5) minutes, a Team fails to appear for a scheduled Moot, the Administrator may allow the Moot to proceed ex parte.
8.4.2 In the ex parte proceeding, the attending Team shall present its oral submissions, which is scored by the judge(s) to the extent possible as if the absent Team had been present and arguing. In such a case, unless supported with justifiable reasons, the Team that fails to appear for the scheduled Moot forfeits all scores stipulated under Rule 9.1.1(a).
8.5 Communications during a Moot
Only communications listed below are permitted:
(a) A counsel may communicate with the judge(s), and the judge(s) may communicate with that counsel, during the counsel’s allotted time.
(b) Counsels are not permitted as to communicate orally with each other to avoid disruptions and distractions. All communication at the counsel table shall be in writing.
(c) Counsels shall not communicate either orally or in writing with spectators or the Bailiff.
8.6 Spectators
The Preliminary Rounds and Advanced Rounds are open to the general public. During a Moot, the presence of the Team’s coaches, advisors, or other spectators affiliated are permitted in the courtroom.
8.7 Prohibition from attending a Moot
8.7.1 Team members or persons directly affiliated with any Team shall not attend a Moot in which their Team is not competing. If there is any violation the Administrator must be informed immediately, without disturbing the Moot, or immediately after the Moot has ended.
8.7.2 The Head Administrator shall have the discretion to impose a penalty on teams that violate this rule.
8.8 Audio and Videotaping
8.8.1 No audio or videotaping of moots is permitted without the advance permission of the judge(s) and the Administrator. The use of any appliance, capable of storing audio and/or video is prohibited during the Competition.
8.8.2 Participating Teams are not permitted to view or listen to any such audio tape until after the completion of the Tournament in which the taped Moot occurs.
8.8.3 MULS reserves all rights to the audio and videotaping, or any other form of audio or visual reproduction, of any Moot or part thereof. All Teams participating in the Competition are deemed to have consented to taping and broadcasting of that Moot.
8.9 Computers and Laptops in Courtrooms
During a Moot, counsels shall not operate laptops, handheld or desktop computers or computing devices for any purpose.
9. SCORING SYSTEM
9.1 Method of Scoring
9.1.1 The scoring system consists of two parts, namely:
(a) Scoring of the Moot (70%);
(b) Scoring of the Memorial (30%).
9.1.2 A Team’s total competition score is the sum total of (a) and (b). For the break down of the scores, refer to Schedule 2 and 3.
9.1.3 Scores for the Memorials will be given by the Administrator(s), and such scores may not be revealed to the judge(s). Scores for the Moot will be given by the respective judge(s).
9.1.4 All decisions made in the scoring system are at the discretion of the Administrator(s) and/or judge(s) and shall not be disputed.
9.1.5 Administrators and judges must keep confidential from all Teams the exact score in each pairing, and each judge’s determination in the pairing.
9.1.6 Only the identity of the Teams progressing to the Advanced Rounds and the winning Team(s) in the Advanced shall be revealed.
9.2 Determination of Ranking in Preliminary Rounds
9.2.1 Teams shall be ranked by the highest sum total of Rule 9.1.1(a) and (b).
9.2.2 In the event of a tie, Teams having the higher score for the Moot shall be ranked higher.
9.2.3 In the event of a tie in respect of the Moot score, Teams having the higher score for the legal content of the Memorial shall be ranked higher.
9.2.4 In the event of a tie with respect to both the Moot and the Memorial, Teams progressing to the Advanced Rounds shall be decided by the panel of Administrators and the decision shall not be disputed.
9.3 Determination of Winners in Advanced Rounds
9.3.1 The winner of a Moot in the Advanced Rounds will be the Team having the highest sum total of Rule 9.1.1(a) and (b).
9.3.2 In the event of a tie, the Team having the higher score for the Moot shall be the winner.
9.3.3 In the event of a tie in respect of the Moot score, the Team having the higher score for the legal content of the Memorial shall be the winner.
9.3.4 In the event of a tie with respect to both the Moot and the Memorial, the winner shall be decided by the judge or panel of judges, whichever is applicable, and the decision shall not be disputed.
10. AWARDS
10.1 Winner of the Tournament
The winning Team in the Final Round in each Tournament wins the Tournament and will receive the Challenge Trophy.
10.2 Best Oralist
10.2.1 In each Moot, the counsel with the highest individual oral score in Rule 9.1.1(a) shall be deemed to be the Best Oralist.
10.2.2 In the event of a tie, the judge(s) shall have the discretion to determine the Best Oralist, and such decision shall not be disputed.
10.2.3 Only the Best Oralist in the Final Round will be eligible for the Best Oralist Trophy.
10.3 Best Memorial
10.3.1 In the Final Round, the Team with the highest score for the Memorial in Rule 9.1.1(b) will be entitled for the Best Memorial Trophy.
10.3.2 In the event of a tie, the Head Administrator in consultation with the panel of Administrators shall have the discretion to determine the Team eligible for such Trophy, and such decision shall not be disputed.
11. MISCELLANEOUS
11.1 Complaint Procedure
11.1.1 If a Team believes that a violation of the Rules has occurred during a Moot, the Team shall inform the Bailiff in writing within five (5) minutes of the conclusion of that Moot. Teams must approach the Administrator with complaints if there is no Bailiff.
11.1.2 The violation and the parties involved in the violation shall be clearly described in the written notification. Teams are not allowed to approach the judges directly with regards to any violation of the Rules.
11.1.3 Failure to follow any of the procedures stipulated in this paragraph shall result in a waiver of the Team’s complaint.
11.1.4 If one or more judges believe that a violation has occurred during a Moot, he shall inform the Bailiff orally or in writing within five (5) minutes of the completion of the Moot. When possible, the matter should be brought to the Bailiff outside the attention of the other judges.
11.2 Additional and Supplementary Rules
The Organising Committee may make rules in addition and/or supplementary to the Rules in respect of any matters incidental, ancillary or supplementary thereto or concerning the conduct and administration of the Competition.
Oct 8, 2012
Structure of Memorial
Dear all participants,
Please take note that the structure of memorial can be downloaded from the link below:
Structure of Memorial
Thank you.
Regards,
Organizing Committee of Law Moot Competition 2012/2013
Oct 5, 2012
MMU Law Moot 2012/2013 Guidelines
Please take note that, in each round at all levels of
the competition, the order of the moot is:
- Appellant 1 (Lead Counsel)
- Appellant 2 (Co-Counsel)
- Respondent 1 (Lead Counsel)
- Respondent 2 (Co-Counsel)
- Rebuttal (Appellant)
- Surrebuttal (Respondent)
Kindly be reminded that pursuant to Rule 8.2.1, each
team is allowed 45 minutes to moot, which is to be apportioned as follows:
- Counsel – 20 minutes
- Co-Counsel – 20 minutes
- rebuttal and surrebuttal – 5 minutes
Also, pursuant to Rule 8.2.2, any of the counsels in
each team is entitled to deliver to rebuttal and surrebuttal.
Regards,
Organizing Committee of Law Moot Competition 2011/2012
Oct 1, 2012
Problem Clarification Due Date
Attention to all participants,
Please be reminded that according to the official timeline of Law Moot Competition 2012/2013, the due date of Problem Clarification will be on Monday (22nd October).
All problems, questions or issues are to be sent to the official email address: mmulawmoot@yahoo.com.
Thank you.
Regards,
Organizing Committee of Law Moot Competition 2012/2013
Please be reminded that according to the official timeline of Law Moot Competition 2012/2013, the due date of Problem Clarification will be on Monday (22nd October).
All problems, questions or issues are to be sent to the official email address: mmulawmoot@yahoo.com.
Thank you.
Regards,
Organizing Committee of Law Moot Competition 2012/2013
Sep 30, 2012
Preliminaries Moot Question - English Version
IN THE COURT OF APPEAL, MALAYSIA
AT PUTRAJAYA
[APPELLATE
JURISDICTION]
MOOT NO. OF 2012
BETWEEN
RAHMAT BULAT SDN. BHD. APPELLANT
AND
RAJESH SINAR SDN.
BHD. RESPONDENT
Rahmat Bulat Sdn. Bhd (RB), a
housing developer signed a sale and purchase agreement (“the agreement”) with
Rajesh Sinar Sdn. Bhd. (RS). In the agreement signed by both parties on 31
March 2010, RS agreed to sell and RB agreed to purchase 1140.40 acres of land
in Mukim Melaka Tengah in the state of Melaka for a price of RM315,000.000. After
payment of the deposit (10%) and three 3 instalments amounting to RM83,500
towards the purchase price, in a few months time RB informed RS that they had
failed to obtain a loan to pay the balance of the purchase price from any
financial institution. RB also argued that they had been lawfully discharged
from further performance of the agreement. RS insisted on receiving the full balance
of the purchase price.
RB then commenced proceedings in
the High Court for a declaration that the contract had been frustrated and
consequently RB was discharged from its obligation to perform the contract. RB
also sought refund of all monies paid under the contract. RS filed a
counter-claim and sought for an order of specific performance of the contract,
compensation or damages in addition to the order of specific performance or
alternatively, damages for breach of the contract in lieu of specific
performance. The learned judge dismissed RB's claims with costs. The learned
judge, however, did not make an order for specific performance but in lieu, he
awarded RS damages under cl 10.1 of the agreement. which read as follows:
10.1Default By The Purchaser
In the event
of any breach by the purchaser of any of the provisions of this agreement the vendor
shall (subject to and after the expiry of a notice in writing to the purchaser
requiring the purchaser to remedy such breach(es) within thirty (30) days from
the date thereof provided always that such notice is only necessary if the
breach(es) does/do not involve the payment of the second instalment or the
third instalment) be entitled to forfeit the first instalment and the sum
equivalent to eleven per centum (11%) per annum on the third instalment or
portion thereof remaining unpaid/outstanding calculated from the due date until
the date of such forfeiture by way of agreed liquidated damages and the
vendor's solicitors shall refund to the purchaser all other monies paid by the
purchaser towards the purchase of the land (free of interest) in exchange for
the titles whereupon this agreement shall terminate and cease to be of any
further effect but without prejudice to any right which either party may be
entitled to against the other party in respect of any antecedent breach of this
agreement.
The Learned Judge ordered the
forfeiture of the deposit and a further sum of equivalent to 11%pa on the third
instalment. RB challenged the trial judge's decision on the issues of
frustration of the contract, the issue of RS's claims in the pleadings and the
agreed liquidated damages under clause 10.1 of the agreement,
RB appealed on the grounds that:
i.
the failure to obtain a loan to pay the balance of the
purchase price due to the liquidity problem and Bank Negara ruling on lending
to the broad property Sector was a supervening event beyond the control of the
appellant.
ii.
the liquidated damages awarded under cl 10.1 of the
agreement is extravagant, exorbitant and unconscionable.
Preliminaries Moot Question - BM Version
DALAM MAHKAMAH RAYUAN, MALAYSIA
DI PUTRAJAYA
(DALAM BIDANGKUASA RAYUAN)
NO. MOOT 2012
ANTARA
RAHMAT BULAT SDN BHD PERAYU
DAN
RAJESH SINAR SDN BHD RESPONDEN
Rahmat Bulat Sdn. Bhd (RB), pemaju perumahan telah memeterai perjanjian jual beli ("Perjanjian
tersebut") dengan Rajesh
Sinar Sdn. Bhd. (RS).
Di dalam Perjanjian tersebut yang ditandatangani oleh kedua-dua
pihak pada 31 Mac 2010, RS bersetuju
untuk menjual dan RB bersetuju
untuk membeli 1140,40 ekar tanah di Mukim
Melaka Tengah di negeri
Melaka dengan harga RM315,
000,000. Selepas pembayaran deposit
(10%) dan tiga (3)
kali ansuran berjumlah RM83,500
daripada harga belian, dalam
beberapa bulan kemudiannya RB memaklumkan
kepada RS bahawa mereka telah gagal untuk mendapatkan pinjaman untuk membayar baki harga belian dari mana-mana institusi kewangan. RB juga menegaskan bahawa mereka telah dilepaskan
daripada meneruskan perjanjian tersebut secara sah. RS berkeras untuk
mendapatkan baki penuh
harga belian tersebut.
RB kemudiannya memulakan
prosiding di Mahkamah Tinggi
untuk suatu perisytiharan bahawa kontrak tersebut telah terganggu (frustrasi) dan oleh sebab itu
RB telah terlepas
daripada kewajipan untuk melaksanakan kontrak tersebut. RB juga meminta bayaran balik kesemua wang yang dibayar di bawah kontrak tersebut. RS memfailkan tuntutan balas dan memohon untuk mendapatkan suatu perintah
pelaksanaan spesifik kontrak, pampasan atau ganti rugi sebagai tambahan kepada perintah pelaksanaan spesifik atau secara alternatif, ganti rugi kerana pelanggaran kontrak dalam
gantian pelaksanaan spesifik. Hakim yang bijaksana menolak tuntutan RB
dengan kos. Hakim yang bijaksana,
bagaimanapun, tidak memberi perintah
pelaksanaan spesifik tetapi sebagai ganti, beliau mengawardkan
pampasan/ gantirugi kepada RS
di bawah klausa
10.1 perjanjian tersebut seperti berikut:
10.1 Kegagalan
di Pihak Pembeli
Sekiranya mana-mana pelanggaran
oleh pembeli apa-apa peruntukan perjanjian
ini penjual hendaklah (tertakluk kepada dan selepas tamat notis secara
bertulis kepada pembeli yang memerlukan pembeli untuk membetulkan pelanggaran itu dalam tempoh tiga puluh (30) hari dari
tarikh daripadanya dengan syarat bahawa notis sedemikian hanya perlu jika pelanggaran
tidak melibatkan
pembayaran ansuran kedua atau ansuran
ketiga) berhak untuk
membatalkan ansuran pertama
dan jumlah yang bersamaan kepada sebelas peratus (11%) setahun atas ansuran
yang ketiga atau
sebahagian daripadanya yang belum dibayar / terkumpul
dikira dari tarikh
tamat kerana sehingga tarikh yang pelucuthakan
itu dengan bayaran
pampasan/gantirugi yang dipersetujui dan peguamcara penjual
hendaklah memulangkan kepada pembeli semua wang
lain yang dibayar
oleh pembeli terhadap pembelian tanah (tanpa
faedah) dalam pertukaran hakmilik di mana perjanjian ini adalah
tamat dan terhenti daripada apa-apa kesan lagi
tetapi tanpa prejudis terhadap hak
yang boleh didapati oleh mana-mana pihak terhadap pihak lain berkenaan
dengan apa-apa
yg melanggar perjanjian ini.
Hakim yang
bijaksana memerintahkan pelucuthakan deposit
dan jumlah bersamaan
dengan 11% setahun
ke atas ansuran ketiga. RB merayu terhadap keputusan hakim perbicaraan mengenai isu-isu frustrasi kontrak, isu tuntutan RS dalam pliding dan persetujuan
ganti rugi di bawah klausa 10.1 fasal perjanjian
itu,
RB merayu atas alasan bahawa:
i. kegagalan untuk mendapatkan pinjaman untuk membayar baki harga belian kerana masalah kecairan dan peraturan Bank Negara ke atas pinjaman kepada sektor harta benda yang luas adalah supervening (gangguan) luar kawalan perayu.
ii. ganti rugi yang diawardkan di bawah klausa 10.1 perjanjian itu adalah melampaui batas, terlalu tinggi dan tidak berpatutan.
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