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The Oral Argument: Binder and Teamwork How to utilize a binder during your Vis Moot oral arguments, and how to work as a Team.

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Presentation on theme: "The Oral Argument: Binder and Teamwork How to utilize a binder during your Vis Moot oral arguments, and how to work as a Team."— Presentation transcript:

1 The Oral Argument: Binder and Teamwork How to utilize a binder during your Vis Moot oral arguments, and how to work as a Team.

2 What is the purpose of the Binder?  Organizes sources  Organizes arguments  Quick and easy access to briefs and the problem  Information at your fingertips  Be able to provide sources and answer questions for the arbitrators  Promotes teamwork and impresses the arbitrators  Helps prepare you to make a strong legal argument

3 What should be included?  Vis Problem  Vis Rules  CISG  ICC Arbitration Rules  UNCITRAL Model Law  NY Convention  Any other necessary sources (cases, commentaries, etc.)  Claimant and Respondent Briefs

4 The Vis Problem Highlight and tab critical portions of the record to which you refer frequently or rely on to make your case. Be prepared to read these portions in full to the arbitrators if necessary.

5 Vis Rules Print these out from the website and reference them if you need to: http://cisgw3.law.pace.edu/cis g/moot/rules21.pdf

6 CISG Have a full copy of the CISG available for quick and easy reference.

7 ICC Arbitration Rules Have a full and current version of the ICC Rules. Highlight and tab provisions that you cite to support your arguments, or that you plan to quote to the Arbitrators.

8 UNCITRAL Model Law

9 New York Convention

10 Briefs Claimant and Respondent memos

11 What else should you include?  Time Cards – time cards will be used by you and your partner to keep track of time. As you argue, your co-counsel will inconspicuously keep track of time and advise you of the allotted time remaining. Generally, 5 minutes, 2 minutes, 1 minute, and 0 minutes are good time cards to use.  Highlighters and Pens – The team should have ready access to pens and highlighters to make notes of important issues during opposing counsel’s presentation. These should be kept out of reach while presenting to avoid behaviors that could distract the arbitrators*  Argument Outlines for your teammate to follow while you make your argument.*  Two pads of paper, one for each team member.*  *Anything you bring to the argument should not be a distraction for you or for the arbitrators. Keep hand movements and other distracting habits to a minimum.

12 What about Teamwork?  Your co-counsel is making his/her argument. What do you do for the next 15-20 minutes?

13 Teamwork Do’s and Don’ts  DO listen closely to your co- counsel’s argument.  DO nod at times you think your co-counsel has made a good point.  DO keep the binder open and in front of you at all times.  DO find page numbers and references for your co-counsel.  DO remove pages from the binder to hand to the arbitrators should they request it.  DO keep time for your co-counsel  DO write down questions the arbitrators ask and take notes on your co-counsel’s argument.  Do NOT interrupt your co-counsel.  Do NOT shake your head or make faces during your co- counsel’s argument.  Do NOT make distracting movements or noises. Sit quietly throughout the argument.  Do NOT address the arbitrators unless they address you and ask you to respond to them.  Do NOT lose track of the time.  Do NOT ignore your co-counsel’s argument.  Do NOT speak to other people in the room during your co- counsel’s argument.


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