ENC Workshop, 25th March 2016 o Presentation of the ENC Materials (40 min) o Q&A (10 min) o Negotiation Simulation (30 min) o Evaluation (10 min)

Unified ENC Rules o Founded upon the official rules of the International Negotiation Competition o Apply in the context of all Local rounds and National final rounds o May also serve as a basis for modified rules

ENC Rules 1)Levels of the Competition 2)Registration for the Competition 3)Cooperation with other Academic Competitions 4)Format of the Simulation Process 5)Judging and Scoring 6)Attendance at the Negotiation Sessions 7)Usage of Supplementary Materials and Attempt at Deception

Hot Topic Rule 1: ELSA-Membership o At the time of their selection to participate in the competition on the local level, the law students shall be registered as members of the European Law Students’ Association. o At the time of their selection to participate in the competition on the national level, the law students are obliged to be registered as members of ELSA.

Hot Topic Rule 2: Cooperation with other Academic Competitions o A champion team of a competition with a similar concept and an adequate academic value may be allowed to participate in the Negotiation Competition. Both competitions as well need to be comparable in regards to the simulations and the judgement criteria. o The entry into the ELSA Negotiation Competition is upon the permission and approval by the respective organiser.

Hot Topic Rule 3: Judging and Scoring  Composition of the jury  The Judging Procedure  Scoring Criteria o The jury in each local, or national final should be composed of at least one practicing lawyer and two graduated lawyers or Bachelor of Law graduates. The respective competition organiser shall make every effort to have two practicing lawyers on the jury. Under exceptional circumstances, however, it is also allowed to have professors as judges. o The organiser will provide a judges’ briefing prior to the round.

The Judging Procedure o No judge shall be affiliated with the participants. o Judging should be executed upon the team as such, not upon the individual persons o Each Judge evaluates the students’ performances independently following their own preferences and estimation o Judges are allowed to ask questions during the pre- negotiation period as well as during the self-reflection period but not during the negotiation phase itself o By entering higher levels of the competition (national), the teams are not allowed to identify themselves with their school or country

ENC Scoring Criteria o In order to guarantee a unified quality of the competition on all levels, judges are obliged to use the scoring sheet published by ELSA International I. NEGOTIATION PLANNING II. FLEXIBILITY IN DEVIATING FROM PLANS OR ADAPTING STRATEGY III. TEAM WORK IV. RELATIONSHIP BETWEEN THE NEGOTIATION TEAMS V. LEGAL ENGLISH LANGUAGE SKILLS VI. OUTCOME OF THE SESSION

ENC Scoresheet

Hot Topic Rule 4: Supplementary Materials o External materials that are commonly accessible are allowed to insert into the simulation process o fictional materials that are not materially affiliated to the scenario itself (such as business cards) are allowed o It is strictly prohibited to invent any facts that are referred to as ‘materially self-serving facts’. A material self-serving fact is one that significantly changes the relative leverage between the parties. Whether a team's interpretation of the facts is reasonable, or whether a team has invented or inferred material self-serving facts, is a matter to be determined by the judges during the round. o Technical devices are not allowed except for calculators o Competitors may bring and/or use blank flip charts or black/white boards

Simulation “The Tanker”

o Mr. X owns a super tanker. It is 30 years old. It is in relatively good condition, although it needs some maintenance. The tanker is estimated at 20 million dollars. o Mrs. Y has been looking to invest in the shipping sector for some time. She has heard that a super tanker is being put on the market. Common Facts

o You are representing Mr. X and have full rights to enter a binding agreement. o Your goal is to sell it for as much as possible but no less than 10 million. o Mr. X is having solvency problems and wants to sell the super tanker to pay back several pressing loans. o The boat is worth about 20 million dollars, but Mr. X is willing to sell it for 14 million dollars if he can get the money within 6 weeks. o The sale must go through within 10 weeks o The boat market has been relavtively stable but it is winter and boats sell a bit less well Confidential Facts Team X

o You are representing Mrs. Y and have full rights to enter a binding agreement. o our goal is to buy it for as little as possible but cannot spend more than 20 million o Mrs. Y is new to ELSAnia and has not yet establish a loan with the ELSA BANK. She would prefer not purchasing the tanker before 15 weeks due to other commitments. o The fastest the ELSA BANK can give out a loan is 8 weeks. o The boat market has been relavtively stable but it is winter and boats sell a bit less well Confidential Facts Team Y