2 Samanvay International Mediation Competition, 2024: Centre For Alternative Dispute Resolution & Professional Skills
2 Samanvay International Mediation Competition, 2024: Centre For Alternative Dispute Resolution & Professional Skills
PRESENTS
2nd SAMANVAY
INTERNATIONAL
MEDIATION
COMPETITION, 2024
20th-22nd September 2024 | 25th-26th October 2024
RULEBOOK
CENTRE FOR ADR & PROFESSIONAL SKILLS, HPNLU SHIMLA
TABLE OF CONTENTS
1. DEFINITIONS 3
2. LANGUAGE 5
3. REGISTRATION 5
3.1 Provisional Registration 5
3.2 Final Registration 6
4. TEAM COMPOSITION AND CONDUCT 6
5. ROUNDS & MODE OF CONDUCTION 6
6. COMPETITION FORMAT 7
7. DRAW OF LOTS 7
8. INTERPRETATION OF PROBLEMS 8
9. CLARIFICATIONS 8
10. DISCLOSURE OF CONFIDENTIAL INFORMATION 8
11. ASSESSORS 9
12. COMMUNICATION DURING THE SESSION 9
13. REFERENCE MATERIAL AND PERMITTED DEVICES 9
14. TIME LIMITS 9
15.1. Preliminary Rounds 10
15.2. Octa Final and Quarter Final Rounds 10
15.3. Semifinal and Final Rounds 10
15.4. Extension of time limit 10
15. ASSESSMENT 11
16. PROGRESSION TO THE NEXT ROUND 11
17. TIE-BREAKER 12
19. CONFLICTS OF INTEREST 12
20. SCOUTING 12
21. TECHNICAL GUIDELINES 13
22. TECHNICAL ISSUES 13
23. CONSENT TO PHOTOGRAPHY AND FILMING 14
24. PENALTIES AND ADDITIONAL MEASURES 14
25. RULE-MAKING POWER 14
26. RIGHTS OVER INTELLECTUAL PROPERTY 14
27. ETHICS CODE 15
ANNEXURE – 1 15
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1. DEFINITIONS
For the purposes of the conduction of 2nd Samanvay International Mediation Competition, 2024:
1.1. Assessment criteria refer to the scoring and evaluating criteria for the Assessors.
1.2. Assessor refers to a person selected by the Organizing Committee who evaluates and scores
participants’ performance during a Mediation Session under the Assessment Criteria.
1.3. Caucus refers to a private discussion between the co-mediators and a negotiating pair.
1.4. Clarification refers to the official clarifications or corrections to the Mediation Problems.
1.5. Competition refers to the 2nd Samanvay International Mediation Competition, 2024.
1.6. Competition Session refers to each round of the Competition, which involves three stages-
the Confidential Information Session, the Main Round, and Scoring.
1.7. Confidential Information refers to the information regarding the Mediation Problem of
either the Requesting or Responding Party for the exclusive use of the Negotiating pairs and the
Assessors, but not the Mediators.
1.8. Counsel refers to the legal representative of the party subject to the dispute or an advisory
representative of the party subjected to the Mediation.
1.9. Mediator refers to the neutral individual who will facilitate the negotiation.
1.10. Feedback refers to the critique provided by Assessors to the Competition Session
Participants concerning their performances in the Round.
1.11. General Information means the background factual information of the Problem for each
Negotiating pair, the Assessors, and the Mediators.
1.12. Host Institution means Himachal Pradesh National Law University, Shimla, India.
1.14. IST means Indian Standard Time (UTC+05:30). All references to time throughout this
document and any subsequent information released by the Organizing Committee shall be
construed as a reference to Indian Standard Time.
1.15. Margin Of Victory refers to the positive difference between the scores of the winning
mediator/ negotiating pair scores and the opposite mediator/negotiating pair.
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1.16. Negotiating pair refers to the direct party to the dispute or a party's representative directly
subjected to the Mediation.
1.17. Organising Committee refers to the Centre for ADR & PS of Himachal Pradesh National
Law University, Shimla, India.
1.18. Participant refers to any person participating in this Competition as a negotiating pair or
mediator.
1.19. Penalty refers to the points deducted for any violation of the rules and guidelines at the
discretion of the Organizing Committee and Assessors.
1.20. Requesting Party refers to the Negotiating pair representing the party requesting the
Mediation.
1.21. Responding Party refers to the Competing Negotiating pair representing the party
responding to the request for Mediation.
1.22. Rooms refer to the rooms, either physical or virtual, where the Mediation session will be
conducted.
1.23. Rules refer to all provisions in this document, read in conjunction with any other
information designated by the Organizers as applicable Rules and guidelines governing the
Competition.
1.24. OC Member refers to a person appointed by the Organizing Committee to keep time
during a Mediation Session and fulfil any other duties as directed during the Session.
1.25. Team refers to a group of individuals participating in the competition as a negotiating pair
or mediator from the same institution registering through their university or, under specific
circumstances, independently.
2. LANGUAGE
All formal communications during the competition, whether written or oral, shall strictly be in
English.
3. REGISTRATION
The registration shall be a two-step process consisting of Provisional Registration and Final
Registration.
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3.1.1 The provisional registration can be done filling the google form attached below, on or
before 5th August, 2024, the link for which is as follows:
3.2.1. The final registration shall be complete upon payment of INR 15,000 (for national teams)
or USD 200 (for international teams) through this payment link and upon the submission of the
final registration form, the link for which has been attached hereunder:
3.2.2. Any amount paid for the purpose of provisional or final registration is non-refundable.
4.1. The competition is open to all full-time and part-time undergraduate students pursuing any
law degree.
4.2. Each participating team shall consist of three members, namely a Mediator, a Client, and a
Counsel. Switching of roles after completion of the registration process by the team shall not be
allowed, unless under exceptional circumstances.
4.3. Teams may be permitted to register independently only upon obtaining formal permission
from their respective university.
4.4. The Organizing Committee shall assign all participants a unique Team Code and the same
shall be utilised for all official communication during the Rounds.
4.5. The participating teams shall employ the names provided in the General Information for
communication during the course of the Mediation Rounds.
4.6. All participants shall strictly adhere to the want of anonymity and any disclosure of the
identity of the institution or the personal information of the team members is prohibited.
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5.2. Each team shall be mandatorily subjected to both the Preliminary rounds.
5.3. The Preliminary and Octa Final rounds shall be conducted online via the Google Meet
(GMeet) platform.
5.4. The Quarter-Final, Semi-Final, and Final Rounds shall be conducted offline at the Himachal
Pradesh National Law University campus in Shimla. Please note that all teams qualifying for the
offline rounds to be held at the University campus shall have to mandatorily appear for the rounds
in person.
Provided, that this rule may not apply to international universities participating in this event,
however, they may yet be encouraged to witness the grandeur of this event in person.
6. COMPETITION FORMAT
6.1. Each Mediation session shall consist of two Negotiating Pairs representing the Requesting
Party or Responding Party respectively and two Mediators engaging in the Mediation process.
6.2. Each round shall have a unique set of General Information and Confidential Information.
6.3. The General Information for Preliminary Rounds shall be released on the university website
and shall be emailed to the teams, while the Propositions for the advanced rounds shall be released
in due course of time.
6.4. The Confidential Information for each side shall be emailed to the point of contact provided
for online rounds and distributed to the parties for offline rounds 60 minutes prior to the
commencement of each round.
6.5. The Negotiating pairs are expected to advance their interests as provided in the General
Information and counsels are expected to advise their clients in a Mediation round.
6.6. The mediators, from two different teams, shall endeavour to act in coordination and
distribute roles equally, including their positions during a Caucus, if any. The Mediators shall be
in the room without interruption and work together as a team to facilitate the Mediation process.
6.8. Following the Scoring session, the Feedback session shall commence. The participants may
clarify the assessors on any questions by the assessors pertaining to their mediation strategy or
other issues (if any).
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6.9. The Assessors shall not reveal the session results to either team during or after the Feedback
round.
7. DRAW OF LOTS
7.1. The match-ups for all Rounds up to the Final Round shall be decided by the Organizing
Committee by way of a Draw of Lots for both the Mediators and the Negotiating pairs.
7.2. No two teams from the same institution (if any) shall compete with one another in the same
Mediation room. The same shall not be applicable to the advanced rounds in the offline mode.
8. INTERPRETATION OF PROBLEMS
8.1. The participants shall not invent any new material facts. However, the facts of the problems
are subject to reasonable inference and interpretation. The discretion to adjudge the reasonability
of the same shall rest solely upon the assessors for that round.
8.2. The Mediation Problems may refer to natural or fictional places. The teams will neither be
penalised nor advantaged for any knowledge of Indian law or lack thereof. The international laws
will be used only to set the context for the Mediation Session and should not be used to determine
or answer any issue in any Round in favor of any party.
9. CLARIFICATIONS
9.1. Participants can seek clarifications regarding the General Information provided for the
Preliminary rounds by sending their clarification to [email protected]. The dates for closing the
form for clarifications and releasing clarifications are notified in the revised brochure.
9.2. The link to submit clarifications for General Information of advanced rounds shall be
provided with the GI itself.
10.1. The Confidential Information shall be released to the Negotiating pairs 60 mins prior to
the commencement of the specific round. The Confidential Information is specific to the
Representing or Requesting Party and shall be released only from the side allotted to the Party.
10.2. The Negotiating pairs are not permitted to communicate with any person other than their
negotiating partner and the OC after disclosure of the Confidential Information, except their
coach.
10.3. Disclosure of Confidential Information to the Mediator or the other participating team from
the same institution by the negotiating pair before the commencement of rounds shall make the
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entire team liable for immediate disqualification from the Competition. The final discretion rests
with the Organising Committee in that regard.
10.4. Members of the Organizing Committee will strictly monitor the designated rooms for the
mediators and the negotiating pairs at the time of release of Confidential Information to prevent
any possible violation of the rules.
10.5. At any point during the mediation session, the negotiating pairs may disclose their
confidential information to the mediator and/or the opposite party, provided that the aforesaid
is done in line with their negotiation strategy.
11. ASSESSORS
11.1. In each session, experts in the field of Mediation who have been briefed about the General
and Confidential Information of the round shall be the Assessors.
11.2. The Preliminary, Octa final, and Quarter-Final Rounds shall be assessed by two expert
assessors, the Semi-Finals shall be assessed by three expert assessors while the Final Round shall
be assessed by a panel of five expert assessors.
11.3. The Organizing Committee shall endeavour to ensure that the Assessors involved in the
Competition maintain impartiality towards all the participants. In case of any conflict of interest,
it is to be brought to the notice of the OC immediately.
12.1. Only the Negotiating pairs and the Mediators shall speak during the course of the Mediation
Session, followed by the assessors in the Feedback session.
12.2. In case an Organising Committee member is required to speak during the session in an
official capacity for the performance of their duty, they shall be allowed to do so.
12.3. In all circumstances, electronic gadgets inside the mediation room shall remain silent and
not violate the sanctity of the competition.
12.3. Teams are strictly prohibited from revealing their personal or institutional identity to the
assessors to maintain neutrality and impartiality.
13.1. Use of electronic devices (laptop, mobile phone, tablet, digital watch, etc.) is permitted
within reasonable limits.
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13.2. The Negotiating pairs are permitted to share their screen at any point during the online
rounds in coordination with the OC member in the digital room. The Participants should strictly
refrain from exhibiting objects that may visually stimulate or instigate or affect a viewer.
13.3. The Organizing Committee reserves the right to pause the session and take immediate action
extending to immediate disqualification from the present competition and further blacklisting
from all future events organised by the CADR & PS, HPNLU, Shimla.
14.1.1. The preliminary rounds shall last for a total of 60 minutes, including 45 mins for
mediation between parties, and a total of 15 minutes for the Scoring and Feedback session.
14.1.2. Calling a caucus session is at the discretion of the parties or the mediator. The teams shall
be marked upon the appropriateness of calling a caucus during the mediation round.
14.1.3. In case a Caucus is called for, it shall not exceed a total time duration of 10 mins. Any
Caucus session should last a maximum of 5 minutes for each party.
14.2.1. The Octa Final and the Quarter Final Round shall last for a total of 75 minutes each,
including 60 mins for mediation between parties, and a total of 15 minutes for the Scoring and
Feedback session.
14.2.2. Calling a caucus session is at the discretion of the parties or the mediator. The teams shall
be marked upon the appropriateness of calling a caucus during the mediation round.
14.1.3. If a Caucus is called for, it shall not exceed a total duration of 14 mins. Any Caucus session
should last a maximum of 7 minutes for each party.
14.3.1. The Semifinal and the Final Round shall last for a total of 1 hour 45 minutes each,
including 90 mins for mediation between parties, and a total of 15 minutes for the Scoring and
Feedback session.
14.3.2. Calling a caucus session is at the discretion of the parties or the mediator. The teams shall
be marked upon the appropriateness of calling a caucus during the mediation round.
14.3.3. In case a Caucus is called for, it shall not exceed a total time duration of 20 mins. Any
Caucus session should last a maximum of 10 minutes for each party.
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14.4.1. The parties shall adhere to the time limits provided for each session. In case a party exceeds
the prescribed time limit, they shall be subject to requisite penalties.
14.4.2. The assessors may at their discretion allow an extension of time beyond the permissible
time limit to the parties.
Explanation 1 - If the extended time allows the mediators to advance the progress of the mediation
or allows a team to advance its position within the negotiation, such circumstances should be
considered by the assessors in making their final decision.
15. ASSESSMENT
15.1. Once the parties conclude the mediation session, the OC member shall direct the parties to
exit the mediation room.
15.2. The assessors shall mark the participants, following which the participants shall re-enter the
room, and the Feedback session shall commence.
15.3. The Teams shall be apprised of their ranking after every Mediation Round.
15.4. After the conclusion of the Competition, the participants shall be intimated of their scores
and rankings in due course of time.
16.1.1. Each mediator and negotiating pair shall compete in two preliminary rounds. The
progression of Mediators and Negotiating pairs to the next round is independent of their team
affiliation.
16.1.2. The top 16 Negotiating pairs from Preliminary Rounds (Prelims 1 + Prelims 2) shall
break to the Octa-finals.
16.1.3. The highest scoring 16 Mediators from Preliminary Round (Prelims 1 + Prelims 2) shall
break to the Octa-finals.
16.2.1. The top 16 teams from the Preliminary rounds shall compete in the octa final rounds. The
progression of Mediators and Negotiating pairs to the next round is independent of their team
affiliation.
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16.2.2. The top 8 Negotiating pairs from Octa finals shall advance to the Quarter-finals.
16.2.3. The highest scoring 8 Mediators, from Octa finals shall break- into the Quarter-finals.
16.3.1. Progression to the next round from Quarter-finals and Semi-Final Rounds shall be on a
knockout basis. The winning team from each room shall progress to the next round.
16.3.2. The Final round shall have two negotiating pairs and two mediators.
16.3.3. The teams shall advance based on the number of Assessors adjudicating a participant as a
winning team in each room, notwithstanding the scores, for both Negotiating Pair and Mediators.
Explanation 1 - For instance, if there are 3 Assessors in a Quarter Final, and 2 out of 3 Assessors
adjudicate a mediator and a negotiating pair as the winning participant in that room, then the
respective mediator and negotiating pair progress to the semi-finals, irrespective of their scores.
17. TIE-BREAKER
17.1. Mediators
17.1.1. In case of a tie between Mediators in the Preliminary Rounds, the tiebreaker would be the
score in the “Advancing Interests” criteria in the Overall Scoresheet..
17.2.1. In case of a tie between Negotiating Pairs in the Preliminary Rounds, the tiebreaker would
be the score in the “Overall Enactment” criteria in the Overall Scoresheet.
18. ANONYMITY
18.1. The participants shall not disclose the name of their institution or their personal identity to
the assessors at any stage of the Competition, whether during a session or otherwise, only use
their assigned Team Codes.
18.2. Non-compliance with this Rule shall make the entire Team liable for immediate
disqualification from the Competition.
19.1. Any conflict of interest with any Assessor or Participant must be brought to the notice of
the Organizing Committee at the earliest possible instance and before the commencement of the
Round.
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19.2. Conflicts of interest informed less than 15 minutes before the commencement of the
round shall not be entertained for that particular Round.
19.3. The discretion of the Organizing Committee to consider the conflict of interest shall be
final and binding on all parties involved.
20. SCOUTING
20.1. Any Mediation Room shall only comprise of the two Negotiating pairs, two Mediators, one
OC member and the Assessors. This is without prejudice to the right of members of the
Organizing Committee to enter or leave the room to facilitate technical or other arrangements.
20.2. No participant is allowed to observe sessions other than their own, provided that
participants may attend the Mediation Sessions of the Advanced Rounds when they are on
campus.
20.3. In any circumstance, scouting shall not be permitted by the OC. Violation of these rules
shall call for immediate action against the participants.
The following clauses shall only apply to the rounds happening in a virtual or hybrid set-up.
21.1. Every participant shall be required to switch on their video cameras. They may mute or
unmute their microphones as per necessary requirements. Assessors are advised to keep their
microphones muted during the session preceding the feedback round.
21.2. No recording or taking screenshots is allowed during the Mediation session by the parties
involved other than the members of the Organising Committee.
21.4. It is mandatory for the Teams to join at least 15 minutes prior to the commencement of
the Mediation Session to cater to any technicalities that may arise.
21.5. The decision of the Organizing Committee regarding the method of conducting such an
Advanced Round shall be final, absolute, and not subject to challenge.
The following clauses shall only apply to virtual or hybrid setup rounds.
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22.1. If a technical issue encountered by a Competing Team disrupts a Mediation Session, the
Mediation session shall be paused to resolve the technical problem.
22.2. In case of a failure to resume due to any major technical difficulty, the session may be
deemed to be complete at the discretion of the assessors and the organizing committee. Further,
the scoring in such a situation shall be based on the parties' performance up to the point of
disruption.
22.3. Competing Teams should continue the round without interruption if the Assessors cannot
connect or drop from a round. A video recording of the round will be provided to the Assessors
to review the segments they missed before their scoring is completed.
23.1. By participating in the Competition, Participants and Assessors are deemed to have
consented to the use of photography and videotaping by the Organizing Committee during the
entire duration of the Competition.
23.2. Participants and Assessors are deemed to have agreed without any reservations to use their
photographed images/videos by the Organizing Committee, the Host Institution, the Sponsors,
and the Collaborators of the Competition. The pictures and videos may be used for promotional
or other purposes, on social media or otherwise.
23.3. The Final Rounds shall be live-streamed by the Organizing Committee’s social media
handle/s on social media platforms such as YouTube, and the Participants and Assessors are
deemed to have consented to this public broadcast.
23.4. Any special requests seeking exclusion/s to the above may be conveyed to the Host
Institution by emailing [email protected] with the subject “Request for Exclusion from
Photography/Filming”.
24.1. Subject to anything provided in these Rules, any violation of any of these Rules may lead to
immediate disqualification of the participant or the Team from the Competition.
24.2. The decision of the Organizing Committee shall be final and binding in this regard.
24.3. The Organizing Committee is empowered to take every reasonable measure necessary for
the smooth functioning of the competition.
24.4. The power to institute disciplinary action against any participating team or OC members
rests solely with the organising institution.
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The Organizing Committee is entitled to draft the Competition Rules and change them, including
the Competition format, with prior intimation to cater to any and every contingency that may
arise before or during the progression of the Competition.
The Centre for ADR & Professional Skills, HPNLU Shimla, or the Organising Committee, holds
all copyright and other intellectual property rights in all the works created for the purposes of this
competition. No part of this work may be reproduced, distributed, transmitted, translated or
adapted in any form or by any means, except permitted by law, without the written permission of
the Organising Committee.
Attached as Annexure 1.
28. ANNEXURE – 1
ETHICS CODE
The Centre for Alternative Dispute Resolution & Professional Skills, HPNLU Shimla, is
committed to fostering a competitive environment that upholds the values of integrity, respect,
and fair play and is free from discrimination, harassment, bullying and vilification, promoting
equity, inclusion, and respect for social and cultural diversity. This ethics code outlines the
behaviour expected of all participants throughout the online and offline competition. By
participating, all individuals are expected to adhere to these principles.
For this Code, the term Prohibited behaviour shall include, but not be limited to, the following:
Bullying
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Harassment
Sexual Harassment
Any unwelcome sexual advance, request for sexual favours or any other unwelcome conduct of
a sexual nature that humiliates, offends or intimidates a person and which a reasonable person,
having regard to all the circumstances, would anticipate making the person humiliated, offended
or intimidated. This includes unwelcome advances, comments, inappropriate or hostile
behaviour, sexually coloured remarks, innuendo, or offensive comments.
Victimisation
Victimisation is to cause detriment to a person because that person has made a complaint or taken
part in complaints proceedings.
Vilification
Vilification is the public incitement of hatred, contempt or severe ridicule of another individual
or group based on a protected attribute.
Violence
Violence shall mean to include behaviour involving physical force intended to hurt or damage
physically.
Discrimination
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9. Sexual practices or experiences (for example, previous partner(s) or lack thereof, experiences of
sexual assault or harassment);
10. Religious or Political affiliations, faiths beliefs, or ideologies;
11. Pregnancy or personal experiences of abortion;
12. Race, colour, descent, national or ethnic origin, or ethno-religious background;
13. Sexual orientation; or
14. Socio-economic status and background.
EXPECTED BEHAVIOUR
Treat all participants, organisers, and judges respectfully, regardless of differences. Embrace the
spirit of healthy competition by congratulating and supporting fellow participants.
Fair Play
Compete fairly, following the rules and guidelines set by the organisers. Refrain from seeking
unfair advantages, such as cheating, hacking, or exploiting loopholes.
Constructive Feedback
Offer and accept feedback constructively and respectfully aimed at growth and improvement.
Refrain from making derogatory or hurtful comments about others' work or performance.
Responsible Communication
Engage in discussions and interactions that are respectful, positive, and free from offensive
language. Refrain from spreading false information and rumours or engaging in online
harassment. Every participant should be sensitive and considerate in interacting with others,
including using appropriate language while discussing sensitive topics. Speakers should strive to
use non-derogatory and gender-inclusive language.
Environmental Consideration
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If a participant feels that there has been a breach of this Code, they may raise the matter with any
member of the Organising Committee.
All complaints raised are confidential, and the complainant will determine whether or not they
wish for a complaint to be investigated further.
Where a complaint is made by a person not being the recipient of behaviour violating this policy,
the Organising Committee shall take necessary steps to address the issue while maintaining the
anonymity of the informant.
Complaints may be made informally or formally. An informal complaint raises concerns and
shall be looked into, not necessarily resulting in a disciplinary action. These may be made in
person or writing. A formal complaint, however, is where the complainant would like a standard
reaction, such as mediation or corrective action. Formal complaints must be made in writing,
including the respondent's name, details of the incident(s), that is, the date, time, mode, and
particulars in general.
In a case where the participants wish to file an immediate complaint to the Organising Committee
in person, the writing and formal submission of the complaint may be delayed due to time
constraints between rounds and the issues faced by the individual. The Organising Committee
shall begin investigations during this process; however, mediation or disciplinary action shall only
occur after a written complaint has been formally submitted for accountability reasons.
The Organising Committee may entertain anonymous complaints through online media and
other messaging services. Anonymous complainants who request a formal response shall be
allowed to nominate a trusted representative from the Committee, who shall be privy to the
events under investigation and be in touch with other members of the Organising Committee.
Anonymous complainants shall also be entitled to contact a member (s) of the Organising
Committee at their preferred time and location.
In case an allegation is levelled or complaint is filed against any member of the Organising
Committee, and/ or where a conflict of interest arises between the participating team and any
OC member, in so much as that they have a relationship with one of the parties, such member
shall mandatorily recuse themself from investigating and handling such complaint or allegation.
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Lastly, the participants shall demonstrate their commitment to a positive and respectful
competition environment by embracing these ethics. Their behaviour contributes to the collective
experience of all the participants.
Let's unite to celebrate skills, learning, and growth while embodying the principles of equity in
this competition.
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