Vis International Commercial Arbitration Moot Example Memorandum and oral argument

General Structure Cover page Table of Contents Index of Abbreviations 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 Subheading 1 Subheading 2 Subheading 3 Heading 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

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. You can make an impression with headings alone. Include opposing arguments and respond. For the respondent, you will answer the claimant memo you received. No additional facts not in the problem may be introduced unless they are logical and a necessary extension of existing facts. Technical requirements in the Rules: length, margins, font, etc. Found in the Vis Rules online. Review previous memoranda on Vis website for guidance.

Sample Memos The Willem C. Vis Moot Court website provides past 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 The parties will decide on an order and allocations of time amongst themselves and present this agreement to the tribunal Often 14 and 1, 14 and 1.

Oral Arguments—Can be separated 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. Practice with cards. Strike sheets- beware of making motions. 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. Quick and dirty. Make the sentences count. Argument: cite relevant provisions and authority When asserting a claim provide some background – either an author’s name or the name of a case. Lead with statement, then provide authority. 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. Requires thorough knowledge of the material and outline. Questions by the Arbitrator Provide Direct Answers then explain Concluding the argument

Keeping on track You will likely be interrupted. Answer the question with the best compelling argument you have. If the arbitrator still presses the issue and you are in a tough spot, transition! Transitions keep you on target You may say things like: “Even if Mr./Mrs. Arbitrator is not persuaded, our other argument lets us win.” Then AFTER answering the question asked, launch into the next argument.