Oral Skills Training Workshop STEPS TO MOOT COURT IV Oral Skills Training Workshop Nguyen Vu Quynh Trang, Trainee Solicitor Baker & McKenzie (Vietnam) Co. Ltd. 27 April 2014

CONTENT OUTLINE Oral Submission Preparation Style, Poise and Demeanour Responding to Questions

1 Oral Submission Preparation 3

ORAL SUBMISSION PREPARATION Note: Take time to outline your oral submission! Have something in writing is much better Keep your main points simple and hard-hitting Limit use of complex and hard-to-pronounce words Maximum use of linking words Memorize facts, cases and regulations Be well-armed and well-organized with all materials

ORAL SUBMISSION PREPARATION Structure of the oral submission Introduction Who you are, whom you represent, brief your main points Statement of Facts Summary key contents of the case (Claimant) Main arguments Detailed explanation on most crucial points Closing Closing statement briefing what you want the Tribunal to rule

Brief introduction E.g. My name is Nguyen Vu Quynh Trang. And it’s my honor to appear in front of the Arbitral Tribunal today, pleading on behalf of X, the Claimant in this case. With me today is my co-counsel/colleague Mr. Le Nguyen Duy Hau. I will speak in the first 5 mins, addressing our 1st submission, regarding the problem: ABC. After that, my co-counsel/colleague Ms. Le Nguyen Duy Hau will speak in the next 5 mins, addressing our 2nd submission about DEF. Unless the Tribunal has any further questions, may I be allowed to proceed?

2 Style, Poise and Demeanour 7

STYLE, POISE AND DEMEANOUR Dress smart!

STYLE, POISE AND DEMEANOUR Dress smart!

STYLE, POISE AND DEMEANOUR Mind your image: ACT RESPECTFULLY Do not read Be aware of your body language Avoid acts of distraction Control your tone, volume and speed Control your personal emotion Limit reliance on others’ help Pause and break

STYLE, POISE AND DEMEANOUR Mind your time: MOST CRUCIAL POINT COMES FIRST Keep track of your time, respect your colleague’s attributed time. Keep calm Ask for more time: “I see that my time has expired. May I have your permission to conclude/further explain on this point?” If denied: “In such case, we hereby request the Tribunal to rule in favor of the [...] on these said matters.”

3 Responding to Questions 12

RESPONDING TO QUESTIONS Some types of questions Factual questions Legal questions Debating questions  Humorous questions or observations Irrelevant/Hypothetical questions Hostile questions Note: Anticipate beforehand as many questions as possible!

RESPONDING TO QUESTIONS Wait until being asked Prepare possible questions and answer Incorporate questions in your arguments

RESPONDING TO QUESTIONS Don’t stress Be prepared to modify your arguments Know when to be quiet Don’t postpone answer Direct answer Learn from your opponent’s answers!

RESPONDING TO QUESTIONS Try to understand questions first: Signal your confusion by opening your answer with: e.g. “Mr/Ms Arbitrator, if I understand your question correctly that X means Y…” Do ask for repetition e.g. “May I ask your pardon please?” What to do: In hot argument In cold argument If the Tribunal ignores you Stay calm in any circumstances!

FOR RESPONDENT, REBUTTAL AND SUR-REBUTTAL Prepare clear notes and have your main points in mind Focus on two or three main points, not more Annotate your outline as your opponent speaks – be flexible Strengthen your argument from what your opponent and the Tribunal has exchanged Don't spend your time nattering about your opponent's every mistake Preparing beforehand may not help!

Thank you