1. Vis International Commercial Arbitration Moot
Example Memorandum
and oral argument

2. 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

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

4. 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

5. 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.

6. 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

7. 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.

8. 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 _____”

9. 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

10. 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.