willem c vis moot presentation 2016-2017
TRANSCRIPT
Willem C Vis Moot 2016-2017
The Competition: Stats
• The BIGGEST international competition for international commercial arbitration
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2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Willem C Vis Moot 2000-2014
Number of universities
Number of countries
The Competition: The Problem
§ SUBJECT MATTER
• The Problem involves a controversy arising out of an international sale of goods subject to the United Nations Convention on Contracts for the International Sale of Goods (CISG).
§ DISPUTE SETTLEMENT MECHANISM
• Arbitration before an arbitral tribunal pursuant to the Institutional Arbitration Rules. The parties have agreed that the arbitration will be held in Danubia. Danubia has enacted the UNCITRAL Model Law on International Commercial Arbitration (Model Law) with the 2006 amendments. Danubia, Equatoriana, Mediterraneo and Oceania, the four states that are, or may be, involved are party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).
The Competition: The Format
§ Submission of Memorandum for Claimant§ Exchange of Memorandums for Claimant§ Submission of Memorandum for Respondent§ Matching Teams for the Oral Hearings in
Vienna§ Oral Hearings in Vienna (General Round) –
4 (2 for the Claimant, 2 for the Respondent)§ Elimination Rounds§ Final
The Competition: Schedule
Date Event
Friday, 7 October 2016 Distribution of the Problem
Thursday, December 2016 Memorandum for Claimant Due
Thursday, January 2017 Memorandum for Respondent Due
Friday, 7 April 2017 Official Welcome and Reception
Saturday-Tuesday, 8-11 April 2017
General Rounds of Argument
Tuesday Evening-Wednesday-Thursday, 11-13 April 2017
Elimination Rounds of Argument
Thursday, 13 April 2017 Awards Banquet
The Team: Selection Process & Composition
§ APPLICATION PROCESS
• Open to everyone• Submissions addressing one issue of the Problem • Deadline – Saturday, 15 October • Putting up the team – within 5 days
§ COMPOSITION OF THE TEAM
• 4 students• 2 students will focus on the substantive matters and 2 on the
procedural matters – ALL WILL WORK TOGETHER• EVERYONE should be familiar with the whole Problem in
detail
Application Requirements
§ Addressing only one or part of an issue of the Problem§ Limited to max 2 pages (A4), font Times Roman 12§ NO need to restate the facts (be descriptive) but § DO rely on both factual information and the applicable law§ Can be in the form of detailed skeleton argument§ Looking for:• Understanding of the applicable law• Structure • Presentation• Language• Argumentation• Research skills
The Team: Working Process
§ Weekly meetings;§ Setting up a timetable;§ Meeting every deadline;§ Working independently and as a team;§ Mastering presentation and advocacy skills;§ Taking part in (online) pre-moots;§ Working in a supportive environment;§ Supervision and support
Financial Issues
§ SPONSORED/COVERED
• Registration fee• Flight tickets• Accommodation in Vienna• Attending the Welcoming Reception• Attending Banquet at the Final• Meal expenses
§ NOT COVERED
• Business cards• Other travel expenses in Vienna
Please keep your receipts if you want to claim expenses
Is This Moot for Me?
§ ADVANTAGES
• Unique experience• Exceptional learning opportunity• Understanding what international commercial arbitration is
about• Gaining skills – advocacy, team working, research, etc.• Networking
§ DISADVANTAGES
• Extracurricular activity• Working in tight deadlines• Relying on the diligence of team members• In-depth research required• Memorandum length usually about 50 pages in total
Disclaimers
§ SCRUTINY. Both individual and team work will be scrutinized by the University;
§ PERFORMANCE. Non or under-performance can and will lead to dismissal;
§ ATTENDANCE. Not attending the weekly meetings, pre-moots or other scheduled events can lead to dismissal, unless giving reasonable notice of any planned or unavoidable absence;
§ WORK ETHICS. Any activities that can lead to disrupting the work and performance of the team and/or its members can lead to dismissal.
Useful Links
§ General Information: https://vismoot.pace.edu/§ Willem C Vis on Lawbore:
http://learnmore.lawbore.net/index.php/Willem_C_Vis_Moot
§ Mooting @ City http://mooting.lawbore.net/§ Kluwer Arbitration: http://www.kluwerarbitration.com/§ CISG Database: http://www.cisg.law.pace.edu/§ UNILEX Database:
http://www.unilex.info/dynasite.cfm?dssid=2375&dsmid=14276
§ Global Sales Law: http://globalsaleslaw.org/index.cfm?pageID=28
§ Case Law on UNCITRAL Texts (CLOUT): http://www.uncitral.org/uncitral/en/case_law.html
§ Trans-Lex Law Research: http://www.trans-lex.org/
