EXAMPLE MEMORANDUM AND ORAL ARGUMENT Vis International Commercial Arbitration Moot.

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Presentation transcript:

EXAMPLE MEMORANDUM AND ORAL ARGUMENT Vis International Commercial Arbitration Moot

General Structure Cover page Table of Contents  all sections, headings and page numbers Index of Abbreviations  Ex. CISG, UNCITRAL, ICC Index of Authorities  Scholarly works, articles and legal sources Index of Cases  Court cases and arbitral awards Statement of Facts Summary of Argument Argument Conclusion

Argument Part One: procedural issues of arbitration  Heading 1  Heading 2  Subheading 1  Subheading 2  Subheading 3  Heading 3  Subheading 1  Subheading 2  Subheading 3

Argument Part Two: substantive issues of the contract for the sale of goods under the CISG  Heading 1  Heading 2  Subheading 1  Subheading 2  Subheading 3  Heading 3  Subheading 1  Subheading 2  Subheading 3

General Remarks Topic sentences, conclusion sentences Do not be conclusory! Use the facts of the case. Use cases to support or distinguish. Persuasive writing! Advocate for your client. Include opposing arguments and respond. No additional facts may be introduced unless they are logical and a necessary extension of existing facts. Technical requirements in the Rules: length, margins, font, etc. Review previous memoranda on Vis website for guidance.

Sample Memos The Willem C. Vis Moot Court website provides past award-winning memos award-winning memos These serve as an excellent guide for formatting and structuring your memo for submission

Structure of Arguments at the Moot Three arbitrators will hear arguments from two parties each with two representatives  Claimant  Procedural Issues  Substantive Issues  Respondent  Procedural Issues  Substantive Issues The parties will decide on an order and allocations of time amongst themselves and present this agreement to the tribunal

Oral Arguments Time: 30 minutes divided between Procedural and Substantive issue  The team member that is not arguing should keep time and provide warnings while the other team member is making oral arguments Addressing the Tribunal, introducing yourself and your client  “My name is _____ and I represent the Claimant/Respondent _____”

Oral Arguments Introduction and outline of issues  Provide a “roadmap” of the important issues and how the tribunal should resolve them Argument: cite relevant provisions and authority  When asserting a claim provide some background – either an author’s name or the name of a case Consulting your notes/outline  Use your notes as little as possible. You would like it to appear as though you are having a conversation rather than reading a script Questions by the Arbitrator  Provide Direct Answers then explain Concluding the argument