10th ICC International Commercial Mediation Competition 2015

Team Name: National Law Institute University

10TH ICC INTERNATIONAL COMMERCIAL MEDIATION COMPETITION 2015

In the matter of
A Shocking Tax

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Mediation Plan On Behalf Of DeskZone Inc

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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, but merely alludes to the questionable ethics

of a profit-shifting company.
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. Most (but
not all) companies indulge in similar practices (legal, but whose morality is a matter of
public debate). The exception clause in no way highlights Arcadias actions as falling
within the same. The defence of justification is applicable against the defamation
allegations because it is a factual statement that Arcadia does not pay taxes in
Montrovia, and the morality of the same is a public domain debate. Furthermore, most

(but not all) companies indulge in similar practices, in a legal fashion.

The phenomenon of profit-shifting is an issue of immense public debate, with specific
focus on the morality and legality of the issue; hence the statement can be seen to

have been issued in public interest.

Given that the statements in the circulated mail are an honest appraisal of Arcadias

tax records, the defense of truth may also be successfully argued.

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).

WEAK POINTS

Considering that Arcadia and DeskZone are primary competitors in the concerned
market, the statements can easily be construed to be malicious.
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While payment of the projected damages is not impossible, it would place immense

obstacles in the path towards DeskZones expansion to foreign markets.

Any damage to DeskZones reputation would be problematic due to the less wellestablished market presence, and may also adversely affect the awarding of important

government tenders.
DeskZone is willing to issue a clarification regarding the statement, which should ease
out the situation, for the statement if made a tad bit clearer would clearly have no
defamatory content.

INTERESTS AND NEEDS

Avoiding litigation is crucial given DeskZones intent to expand into other markets, and

the costs of litigation would preferably be avoided.

At the same time, a level playing field for both parties must be created vis--vis the

government contract.
Further, 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.
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.

Retaining customers and client confidentiality is a priority, and thus DeskZone would
be reluctant to reveal their details to anybody but a mutually agreed upon third party.

BEST ALTERNATIVE TO NEGOTIATED AGREEMENT (BATNA)

In case the parties fail to reach a suitable agreement at the mediation session, 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, especially considering the fact that the issue is one of
legitimate public debate.
GOALS AND OBJECTIVES

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Given the sensitive nature of the issue involved, which impacts the credibility of both
parties, DeskZone is keen to avoid litigation and to avoid a cash settlement unless

absolutely necessary, within the range of 50,000- 75,000.

DeskZone is willing to ensure that an appropriate statement of retraction is made,
clearly stating their intention simply as purveyors of an opinion that does not in any

way intend to malign Arcadia.

DeskZone is looking for ways in which the situation may be resolved amicably, either
through appointment of a mutually agreed upon third party to investigate the events
leading up to publication of the document, or by payment of damages within the
50,000-75,000 range, or an appropriate statement of clarification regarding the
same.

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Team Biographies (National Law Institute University, Bhopal)

Chetan + Kanungo + Indian
Chetan Kanungo is a registered Advocate practicing at the Gwalior Bench of the Jabalpur High
Court in Madhya Pradesh, India. . As an advocate, he has worked on business negotiations
involving software licensing as well as having mediated matrimonial disputes. He has
participated at the International Negotiation Competition 2009 held at Chicago & The
Negotiation Challenge 2010 held at Leipzig.
Nikhil+ Srivastava +Indian
Nikhil Srivastava is an Indian Male born on November 2, 1992 pursuing the B.A., LL.B (Hons.)
degree at the National Law Institute Univeristy, Bhopal. 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, India and has also participated in debates and other mediation
competitions.
Aakash + Narang + Indian
Aakash Narang is an Indian male, born on December 11, 1992. He is a final year student
pursuing B.A., LLB (Hons) degree at the National Law Institute University, Bhopal. He has
represented the University at The Negotiation Challenge 2014 held at Reykjavik, Iceland and
also represented the University at the Sir Lawrence Street Negotiation Competition, 2013, held
at Perth, Australia.
Rajeswari + Mukherjee + Indian
Rajeswari Mukherjee is an Indian female, born on February 7, 1995. She is currently pursuing
a B.A., LL.B. (Hons.) degree at the National Law Institute University, Bhopal. She was a part of
the winning team at the INADR Mediation Competition, 2014, held in Des Moines, Iowa. She
has also participated in debates, Model UN Conferences and moot courts.
Sanjana + Aravamudhan + Indian
Sanjana Aravamudhan is an Indian female born on the 26th of June, 1995 and is a student
pursuing a B.A LLB (Hons.) course at the National Law Institute University, Bhopal. 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.

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