1. The Main relief issue no. (c) where it is mentioned of an “alternate relief” and on page no. 5 of the moot preposition also paragraph 4, meaning of word “alternative” is addition to the balancing amount or just liquidated damages as “adequate” !

Response: In both places the words refer to alternative relief of recission and liquidated damages. The participants shall place their arguments based on the amount already provided in the proposition.

2. As per the Procedural Orders, there are 6 issues in the moot proposition but we want to reduce it into 4 issues, which would lead to clubbing of issues into two sub-categories i.e., Interim Relief and Main Relief. Hence, we need your clarification as to whether we are allowed to club the issues or not?

Response: Yes, clubbing of issues is permissible as long as proper substantiation and reasoning is given for the same.

3. In the Endorsement Agreement, parties have agreed to bind themselves to the KLRCA Rules. However, Darren has submitted the dispute to AIAC in accordance with AIAC Rules, 2018. AIAC Rules are clear that any reference to KLRCA would mutate into AIAC. This however is limited to reference to the arbitral institution and does not extend to arbitration rules. To further substantiate this, I would humbly draw your attention to the succeeding paragraph in the AIAC Rules that stipulates that reference to AIAC Rules would necessarily involve reference to AIAC Rules 2018 or amended provisions thereof, unless otherwise agreed by parties. In light of this, KLRCA Rules 2017 contains a similar provision. 

Response: Both parties have agreed to abide by AIAC Rules to regulate the arbitration proceedings and there is no dispute regarding the same.

4. In absence of any institutional rule or legislation that mutates KLRCA Rules 2017 into AICA Rules 2018 and completely negates the operation of KLRCA Rules in agreements that have referred to it, my team and I would be most grateful if the committee could clarify what are the applicableinstitutional rules governing the arbitration agreement and proceedings. 

Response: Both parties have agreed to abide by AIAC Rules to regulate the arbitration proceedings and there is no dispute regarding the same.

5. Issues gave as Interim relief and Main relief, under Procedural order on page 08, point (iii), are the issues which we need to deal with? or we can make/ or club our own issues or sub-issues?

Response: Yes, clubbing of issues is permissible as long as proper substantiation and reasoning is given for the same.

6. In Confidentiality clause on page 11, can interpretation of the word “Data” in the clause is open or is it restricted to data pertains to Endorsements agreement only?

Response: It is open for the participants to substantiate their interpretation on the same.

7. Has GameZone paid the fifth Installment of Rs. 20 Crores, due on or before 31-01-2018, as mentioned on page 10 under clause 3 of CONSIDERATION?

Response: Gamezone has not paid the last two tranches as provided under Clause 3.

8. Are teams at the liberty to add/club/subtract/modify the issues so provided in the Moot Proposition?

Response: Yes, it is permissible as long as proper substantiation and reasoning is given for the same.

9. As per Page 10 of Moot Proposition, Darren was supposed to receive a total of Rs. 70 Crores on or before 31-01-2018, however, according to Page 4 (Para No. 10), Darren has received only Rs. 50 Crore as on 30-03-2018; we are required to, according to Page 8 (Issue II(b)), argue on the same.

Response: The final two payments were payments were not made by Gamezone and the participants are required to argue on the same as provided in Issue II(b).

10. In light of the media reports on 27-01-2018 pertaining to issuance of show cause notice to Darren, did Darren took Social Media platform by way of post(s) or otherwise to defend himself?

Response: No, Darren did not resort to social media to defend himself.

11. How many of the payments have been cleared out of those mentioned in Clause 3 of Endorsement Agreement?

Response: First two tranches were paid. Last two tranches were not.