Rules

NATURE AND PURPOSE OF THE COMPETITION.
1. The International Negotiation Competition is a law student competition in which a team of two law students representing a party/client negotiates either an international transaction or the resolution of an international dispute with an opposing team of two law students.
2. Each participating team receives in advance a set of common facts and a confidential briefing. They then prepare to negotiate an agreement with another team of students who will have received the same common facts but the confidential information for the other side.
3. The judging criteria require the judges to address the apparent preparedness of a team, their flexibility in deviating from plans or adapting a strategy, the outcome of the negotiation as it relates to serving the client’s interests; teamwork; relationship between the negotiating teams; ethics; and self-analysis.
4. The purposes of the International Negotiation Competition are to (1) promote greater interest among law students in legal negotiation; (2) provide a means for law students to practice and improve their negotiating skills in cross-border transactions and disputes; (3) enable law students to meet law students and lawyers from other countries; (4) enable law students to receive a critique of their performance from experienced legal negotiators; and (5) help law students become aware of and experience the special aspects of international legal negotiations, including differences in negotiating styles, ethical and social norms, and business practices, as well as the enhanced difficulties of cross-cultural communication.
ENTRY INTO THE COMPETITION.
1. The International Negotiation Competition is designed for the winners of national negotiation competitions. Thus, a team should ordinarily have won an internal negotiation competition prior to entering the International Negotiation Competition. However, a team may be allowed to represent a country in the International Negotiation Competition if the institution represented and the faculty advisor can demonstrate a reasonable likelihood that an internal national competition will be established in the following academic year.
2. Participants must be current law students, immediate graduates, or persons engaged in post-graduate practical legal training.
3. The International Negotiation Competition welcomes new countries to the Competition. The International Negotiation Competition is organized, sponsored, and administered by the International Negotiation Competition Executive Committee. Potential participants representing new countries should communicate with a member of the International Negotiation Competition Executive Committee or the convener of the International Competition for that year and will be entered upon confirmation of their status.
4. The International Negotiation Competition Executive Committee will normally allow one team from a country to enter the International Negotiation Competition. However, the Committee, may, at its discretion, allow more than one team from any one country to enter. The Committee may also, at its discretion, allow a team from the host school to enter.
THE NEGOTIATION SIMULATIONS.
1. The Simulations. Each simulation will consist of: (1) a common set of facts known by all participants, which will be labeled General Information; and (2) confidential information known only to the participants representing a particular side. A different simulation will be used for each of the three rounds of the competition.
2. Distribution of and Access to the Simulations. Approximately two to three weeks before the competition, each participating school will receive the negotiation simulations. Judges will have access to all simulation materials provided to participants as well as a Summary for Judges. No one having access to confidential information for both sides may act as a coach or participant, or share such information with coaches or participants.
THE COMPETITION FORMAT.
1. Rounds. The competition will consist of three rounds. Each team will participate in a 50 minute negotiation session, which may include one 5-minute break per team. The session will be followed by a 10-minute period for teams to analyse their performance in private and then a 20 minute self analysis period (10 minutes per team) in the presence of the judges.
2. Breaks. Each team may take one break of no more than 5 minutes. The 50-minute period will continue during any such break. If the team calling the break specifically requests, both teams must leave the room during the break. To minimize the potential for disruption of the competition, faculty advisers and others electing to observe the negotiations should not leave the room between the beginning of each negotiation session and the end of the self-analysis period.
3. Self-Analysis. Following the 10-minute preparation for self-analysis, each team will have 10 minutes in which to analyse for the judges the team's performance in the negotiation. This self-analysis will take place outside the presence of the opposing team. The team with the letter designation closest to the beginning of the alphabet will go first in the self-analysis. Students will begin this 10-minute period by answering, in the presence of the judges, the following questions: (1) In reflecting on the entire negotiation, if you were to be faced with a similar situation tomorrow, what would you do the same and what would you do differently? (2) How well did your strategy work in relation to the outcome? The team should also be prepared to respond to questions from the judges concerning the team's performance. In addition, the team may use this as an opportunity to explain why it chose a particular approach or even a specific tactic. The judges may take into consideration for scoring purposes anything said during this session.
4. Supplemental Materials. The only previously prepared material that may be presented in the negotiation is a one-page agenda for the negotiation. The agenda is limited to an identification or statement of issues for discussion. Participants may refer to their own notes during the negotiation. Use of previously blank paper, flip charts, and black/white boards duing the 50-minute negotiation session is allowed.
5. Time Keeping. Responsibility rests with the student participants for timekeeping and for adherence to allotted time periods and breaks. Responsibility for timekeeping during the self analysis periods rests jointly with the participants and the judges, each having the responsibility to terminate the period at the end of 10 minutes. However, if resources and volunteers are available, timekeepers or timekeeping devices may be provided, but no individual identified with a participant may act as timekeeper in a negotiation involving such participant. Decisions by the judges as to elapsed time are final.
6. Recording of the Rounds. The Competition organizer may arrange for video recording of the rounds. No video or audio recording by individual teams or spectators is permitted.
7. Variations in Format and Timing. Upon prior notice to the participating teams, the International Negotiation Competition Executive Committee may vary the format and timing of the Competition.
COMPETITION SCHEDULE.

The schedule for each round of the competition is as follows:
0:00 - 0:30     - Judges' briefing.
0:15 - 0:30     - Team briefing.
00:30 - 01:20 - Negotiation. Each side may ask for one 5-minute break during this 50-minute period,
                           and any such break will not extend the time.
01:20 - 01:30 - Preparation for self-analysis. (Judges write comments on score sheets.)
01:30 - 01:50 - Two successive 10-minute self-analyses.
                           (The team with the letter designation closest to the beginning of the alphabet goes first.)
01:50 - 01:55 - Judges complete score sheets.
01:55 - 02:10 - Judges comment on negotiation.
02:10 - 02:20 - Break. New teams come in.
02:20 - 03:10 - Negotiation. See above regarding breaks.
03:10 - 03:20 - Preparation for self-analysis. (Judges write comments on score sheets.)
03:20 - 03:40 - Two successive 10-minute self-analyses.
                           (The team with the letter designation closest to the beginning of the alphabet goes first.)
03:40 - 03:45 - Judges complete score sheets and decide on final ranking of teams.
03:45 - 04:00 - Judges comment on second negotiation.
TEAM BRIEFING.
1. Every effort will be made to ensure that the simulations and rules are clear. The competition convenor shall organise briefing sessions for the teams prior to a round. All student participants representing a particular side should meet together at the same time and be given the opportunity to ask questions. This session will be held while the judges are being briefed or at such time as designated by the competition convenor. Faculty advisors may attend this session as observers.
2. The competition convenor will have complete discretion in answering questions related to the simulation and rules. However, no new facts may be added to the simulations.
3. Since teams representing each side will meet separately, if one group raises a question that exists in the general background information (i.e., the information known by both sides), the clarification will be communicated to the other group and to the judges. As in any negotiation session, the facts are subject to reasonable interpretation by the parties. Whether a team's interpretation is reasonable is not a matter that should be resolved by the person conducting the briefing. Questions of reasonableness of an interpretation are entirely within the discretion of the judges and decisions in this regard are not reviewable.
4. Submission of inquiries relating to the simulated fact patterns may be made in advance of the briefing, must be in writing, and may be submitted by e-mail to the competition convenor. Under no circumstance will additional facts be provided, and inquiries will be accepted only if absolutely necessary to clarify a bona fide and fundamental question.
JUDGES.
1. Judging Panels. Each round (consisting of two negotiation sessions) will be observed and evaluated by a panel of three judges, at least two of whom should be lawyers. These judges will evaluate the performance of the participants according to the standards and criteria provided. To the extent possible, the competition convenor is responsible for selecting judges who are experienced and knowledgeable in negotiation skills. Any non-lawyers serving as judges must have negotiation experience.
2. Adjustments for Insufficient Number of Judges or Different Numbers of Judges in Each Room or Each Round. If there is an insufficient number of judges on the day of the competition, or if there are different numbers of judges in each room (or in each round), judge assignments and scoring adjustments should be made with the objective of achieving an equal number of rankings for all teams (a) in each room and (b) in each round. If necessary, scoring adjustments should be made as follows:
  1. If there are fewer than three judges in any room, rankings should be averaged to create an equal number of rankings in each room and in each round. For example, if there is one room with two judges and four rooms with three judges, the scores of the two judges should be averaged to create a third score for that room.
  2. If more than the required number of judges appear on the day of the competition and there is an unequal number of judges in each room, rankings should be averaged to create an equal number of rankings in each room and each round. For example, if there are five judges in two rooms and four judges in three rooms, the scores of the four judges should be averaged to create a fifth score for that room.
  3. The number of rankings should be adjusted if there are inequalities between rounds. For example, if there are three judges per room in one round and four judges per room in the other round (either actual or as adjusted under (1) or (2) above, a fourth score should be created by means of averaging for each room in the three-judge round.
JUDGES' BRIEFING.
Judges will be briefed before each round in conformity with the International Negotiation Competition Instructions for Briefing Judges.
SCORING.
Each panel of judges will observe four teams in each round. Judges will rank the teams from one to four in order of effectiveness in the negotiating session. (See Rule 7 concerning an uneven number of judges on the panel in any round.) Overall scoring for the international competition will be based on the judges' rankings for each of the three rounds. Ties will not be broken if the overall scoring for the three rounds results in a tie.
PERMISSIBLE ASSISTANCE.
1. The faculty adviser may advise the team in its planning and preparation for the competition.
2. No one, including faculty advisers, may give advice or instructions to, or attempt to communicate in any way with, any of the participants during the period from the beginning of the participants' negotiation session to the completion of the self-analysis period for that negotiation session.
NEGOTIATION SESSIONS: ATTENDANCE AND COMMUNICATION.
Observers may attend negotiation sessions, subject to the following restrictions:

No participant or other person identified with a participant may attend a negotiation session of any other team, except a faculty adviser serving as a judge.
Participants, faculty advisers, or any other person connected with a team may not communicate with another of its country's teams (if a country has more than one team entered in the competition) until all of the country's teams have completed the round.
Where a faculty adviser is serving as a judge, s/he may not judge a heat containing a team from that adviser's country.
Breach of these rules will result in disqualification. See Rule 12 for procedures.
The mere act of communication, receipt of information, or attendance proscribed by this rule will constitute a presumptive breach of the rules, regardless of the substance thereof and regardless of whether initiated by a participant or by any other person. Innocent mistake will not be a defence to a complaint based on breach of this rule.

BREACHES OF THE RULES.
1. Any breach of the rules that may affect the results will be resolved on the day of the competition by the International Negotiation Competition Executive Committee Appeal Panel. Competition participants and faculty advisers waive the right to appeal any matter arising in the course of a competition round if they fail to make a complaint before the end of the second judges' feedback period in the round in which the matter occurred.
2. The Appeal Panel will include members of the International Negotiation Competition Executive Committee and at least one, but not more than three, faculty advisers and/or judges. No member of the Appeal Panel may be a person identified with a complaining school, the alleged offending school, or a school currently placed behind the alleged offending school.
3. The Appeal Panel will not meet before conclusion of the second round of negotiations and will not hear a complaint that will have no bearing on the results of the competition. A complaint will be considered to have no bearing on the results of the competition if the alleged offending team would have had no chance of winning the competition whether or not the complaint is upheld.
4. With respect to complaints occurring in the presence of the judges, the Appeal Panel has full discretion to determine whether to rank the offending team fourth in the round or impose no penalty. When a penalty is imposed, the rankings of the other teams in that round shall be adjusted upward.
5. The decision of the Appeal Panel is final.
TEAM IDENTIFICATION AND PAIRING ROUNDS.
1. Each team will be assigned a random letter by the competition convenor. Teams in the competition may identify the country they represent, but not their school. If a judge asks a team member which school the team member represents, the member should respond that the rules do not allow that information to be given until the competition is completed. Host schools should endeavor to avoid any appearance of unfairness resulting from hosting the competition. It is recommended that a host school faculty adviser, who would be readily identifiable by the judges, avoid letting the judges know to which team a faculty adviser is connected.
2. Opposing sides will be randomly matched by the competition convenor. However, teams from the same country will not be paired against each other. Furthermore, no team will negotiate against the same team more than once during the competition.
ADDITIONAL TEAM: UNEVEN NUMBER OF REGISTERED TEAMS.
1. The competition convenor, in consultation with the International Negotiation Competition Executive Committee, may permit one or more additional eligible teams to participate in the competition if the number of teams registered does not equal a multiple of four.
2. At the option of the competition convenor, such additional teams may represent any school participating in the competition, including the host school. Any additional team must otherwise qualify for participation in every respect. However, students competing for the same school should represent only one side of the simulated controversy.
3. If necessary, the International Negotiation Competition Committee may selectively split team or teams to compete as single person teams for a particular round if a team cancels or fails to appear and there is insufficient time to find a replacement team. In such instances, the International Negotiation Competition Committee shall endeavor to see that a team has to split only once during the competition. If a team splits, the team member who earns the better ranking will count in the scoring for that team for the round in which the team splits. Only those teams representing the side of the team that failed to appear will be eligible for participation as individuals.

When one member of a team will not be able to attend the international competition, a substitute may be used provided that the competition convenor or International Negotiation Competition Executive Committee has been notified in advance of the international competition.

PARTICIPANT EXPENSES AND ACCEPTANCE OF RISK.
1. Travel, accommodation, and incidental costs incurred by participants in the competitions will not be reimbursed by the International Negotiation Competition and will be the responsibility of the participants. Judges, faculty advisors, and national representatives participate voluntarily and are not reimbursed by the International Negotiation Competition. The International Negotiation Competition is not liable for any costs or risks associated with attending the competition.
2. There is no entry fee for the International Negotiation Competition.