10th ICC International Commercial Mediation Competition 2015Team Name: “National Law Institute University” 10TH ICC INTERNATIONAL COMMERCIAL MEDIATION COMPETITION 2015 In the matter of “A Shocking Tax” 1 Mediation Plan On Behalf Of DeskZone Inc the defense of truth may also be successfully argued. with specific focus on the morality and legality of the issue.10th ICC International Commercial Mediation Competition 2015 MEDIATION PLAN ON BEHALF OF DESKZONE INC STRONG POINTS The wording of the mail circulated does not specifically impute the illegality of Arcadia Offices SARL (“Arcadia”)’s tax practices. in a legal fashion. The defence of justification is applicable against the defamation allegations because it is a factual statement that Arcadia does not pay taxes in Montrovia. hence the statement can be seen to have been issued in public interest. “Most (but not all) companies” indulge in similar practices (legal. Furthermore. 2 Mediation Plan On Behalf Of DeskZone Inc . and the morality of the same is a public domain debate. but whose morality is a matter of public debate). The phenomenon of profit-shifting is an issue of immense public debate. “most (but not all) companies” indulge in similar practices. The exception clause in no way highlights Arcadia’s actions as falling within the same. It is a factual statement that Arcadia does not pay taxes in Montrovia. and thus the defence of justification can be applied against the defamation allegations. the statements can easily be construed to be malicious. The actual damages that Montrovian courts would award Arcadia should they win the case are significantly lesser than those demanded by them against DeskZone Inc (“DeskZone”). but merely alludes to the questionable ethics of a profit-shifting company. WEAK POINTS Considering that Arcadia and DeskZone are primary competitors in the concerned market. Given that the statements in the circulated mail are an honest appraisal of Arcadia’s tax records. and the costs of litigation would preferably be avoided. the best alternative for DeskZone would be to prove its lack of liability in a court of law by making use of the very same defences and proving that imputation of anything but the natural meaning of the words in the statement is illogical. we believe that this event playing out publicly and degenerating into the sort of situation in which both parties suffer a loss of goodwill is to be avoided at all costs. BEST ALTERNATIVE TO NEGOTIATED AGREEMENT (BATNA) In case the parties fail to reach a suitable agreement at the mediation session. and thus DeskZone would be reluctant to reveal their details to anybody but a mutually agreed upon third party. which should ease out the situation. INTERESTS AND NEEDS Avoiding litigation is crucial given DeskZone’s intent to expand into other markets. especially considering the fact that the issue is one of legitimate public debate. Any damage to DeskZone’s reputation would be problematic due to the less wellestablished market presence. for the statement if made a tad bit clearer would clearly have no defamatory content. DeskZone is willing to issue a clarification regarding the statement. At the same time. it would place immense obstacles in the path towards DeskZone’s expansion to foreign markets.10th ICC International Commercial Mediation Competition 2015 While payment of the projected damages is not impossible. a level playing field for both parties must be created vis-à-vis the government contract. GOALS AND OBJECTIVES 3 Mediation Plan On Behalf Of DeskZone Inc . Further. Retaining customers and client confidentiality is a priority. DeskZone cannot compromise their image of being a strong company for the sake of an expedited solution that may not be beneficial in the long-term. and may also adversely affect the awarding of important government tenders. 000 range. DeskZone is willing to ensure that an appropriate statement of retraction is made. within the range of €50. or by payment of damages within the €50.10th ICC International Commercial Mediation Competition 2015 Given the sensitive nature of the issue involved. either through appointment of a mutually agreed upon third party to investigate the events leading up to publication of the document.000. DeskZone is looking for ways in which the situation may be resolved amicably. clearly stating their intention simply as purveyors of an opinion that does not in any way intend to malign Arcadia.000. which impacts the credibility of both parties. or an appropriate statement of clarification regarding the same.€75. DeskZone is keen to avoid litigation and to avoid a cash settlement unless absolutely necessary.000-€75. 4 Mediation Plan On Behalf Of DeskZone Inc . Iceland and also represented the University at the Sir Lawrence Street Negotiation Competition. He has participated at the International Negotiation Competition 2009 held at Chicago & The Negotiation Challenge 2010 held at Leipzig. Bhopal) Chetan + Kanungo + Indian Chetan Kanungo is a registered Advocate practicing at the Gwalior Bench of the Jabalpur High Court in Madhya Pradesh.. (Hons. Model UN Conferences and moot courts. He was part of the team that won the Best Negotiation Plan at the NLU Delhi-Herbert Smith Freehills International Negotiation Competition 2014 held at Delhi.A LLB (Hons.) degree at the National Law Institute University. 2013.B (Hons.A. Bhopal. India and has also participated in debates and other mediation competitions.B. born on December 11. Bhopal. LL. As an advocate. She has also participated in debates.. 5 Mediation Plan On Behalf Of DeskZone Inc . born on February 7. He has represented the University at ‘The Negotiation Challenge’ 2014 held at Reykjavik. India. he has worked on business negotiations involving software licensing as well as having mediated matrimonial disputes. Bhopal.) course at the National Law Institute University. 2014. Nikhil+ Srivastava +Indian Nikhil Srivastava is an Indian Male born on November 2. She is currently pursuing a B. Sanjana + Aravamudhan + Indian Sanjana Aravamudhan is an Indian female born on the 26th of June. 1992 pursuing the B. 1995 and is a student pursuing a B. 1992.10th ICC International Commercial Mediation Competition 2015 Team Biographies (National Law Institute University.) degree at the National Law Institute Univeristy. She was a part of the winning team at the INADR Mediation Competition.. . LL. LLB (Hons) degree at the National Law Institute University. Australia. held at Perth.A. He is a final year student pursuing B. Aakash + Narang + Indian Aakash Narang is an Indian male. Iowa. 1995.A. She is a part of the winning team at the INADR tournament at Drake University in Des Moines in addition to participating in many debates both nationally and internationally. Bhopal. held in Des Moines. Rajeswari + Mukherjee + Indian Rajeswari Mukherjee is an Indian female.
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