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Willem C. Vis Moot

The Willem C. Vis International Commercial Arbitration Moot or Vis Moot[3] is an international moot competition. Since 1994, it has been held annually in Vienna, Austria, attracting more than 300 law schools from all around the world and spurring the creation of more than 20 pre-moots each year before the actual rounds are held in Vienna. It is the largest arbitration moot competition, and second-largest moot overall, in the world; considered a grand slam or major moot.[4][5] A sister moot, known as the Willem C. Vis (East) Moot, is held in Hong Kong just before the rounds in Vienna. It was established in 2003 and attracts around 150 teams every year, making it the second largest commercial arbitration moot and also a grand slam moot.[6] It uses the same moot problem as the Vis Moot, as does the various pre-moot friendlies.

Willem C. Vis Moots
Established1993 (Vis)
2003 (Vis East)
VenueVienna (Vis)
Hong Kong (Vis East)
Subject matterInternational commercial arbitration
ClassGrand Slam[1][2]
Record participationVienna: 387 teams (2022; 387 teams for online (2021))
Hong Kong: 133 teams (2018; 150 teams for online (2021))
QualificationNone
Most championshipsVienna: University of Ottawa (3)
Hong Kong: West Bengal National University of Juridical Sciences, Loyola Law School Los Angeles, Chinese University of Hong Kong, Singapore Management University (2)
WebsiteVienna: vismoot.pace.edu
Hong Kong: www.cisgmoot.org

The objective of both Vis moots is to foster study in the area of international commercial arbitration and encourage the resolution of business disputes by arbitration. The problem for the moot is always based on an international sales transaction subjected to the United Nations Convention on Contracts for the International Sale of Goods (referred to commonly as the CISG) and also involves procedural issues of arbitration such as jurisdiction and powers of an arbitral tribunal. The moot consists of submitting written memoranda for both claimant and respondent before the oral phase of the competition, though the written arguments have no bearing on either the preliminary rounds or knockout stages in the oral phase.

Background

About Willem C. Vis

The moot is named after Willem Cornelis Vis (1924–1993), an expert in international commercial transactions and dispute settlement procedures. Vis was born in Utrecht and graduated from Leiden University and Nijmegen University in the Netherlands.[7] He also read law, economics and philosophy at Magdalen College, Oxford. Vis began to work for European co-operation in 1957 as a member of the Council of Europe Secretariat, in its human rights and legal affairs directorates, and later, in 1965, became Deputy Secretary-General of the International Institute for the Unification of Private Law (UNIDROIT) in Rome. In 1968, he moved to the United Nations Secretariat in New York, where he became Senior Legal Officer, then Chief of the International Trade Law Branch of the United Nations Office of Legal Affairs, and Secretary of the United Nations Commission on International Trade Law (UNCITRAL).[7] Vis served as Executive Secretary of the Vienna Diplomatic Conference that created the United Nations Convention on Contracts for the International Sale of Goods (CISG). He helped craft the UNCITRAL Arbitration Rules, and was Representative of the Netherlands to the UNCITRAL and served as Chair of its Working Group on International Payments.[7] He served on the faculty of Pace University School of Law from 1980 until his death in 1993.[8] At Pace, he continued to participate in the development of international commercial law, and was founding director of the Pace Institute of International Commercial Law.[9]

Organisers and sponsors

The moot is organised by the Association for the Organization and Promotion of the Willem C. Vis International Commercial Arbitration Moot. The Director was Pace Law School's Professor Emeritus Eric Bergsten,[10] a former Secretary of the UNCITRAL until his retirement in 2013 after the 20th annual moot. The current directors are Christopher Kee, Patrizia Netal, and Stefan Kroell.[11]

The moot is sponsored by the International Centre for Dispute Resolution/American Arbitration Association, International Arbitral Centre of the Austrian Federal Economic Chamber, Australian Centre for International Commercial Arbitration, CEPANI (Belgium), Chartered Institute of Arbitrators, Chinese-European Arbitration Centre, German Institution of Arbitration, Hong Kong International Arbitration Centre, International Chamber of Commerce, Permanent Court of Arbitration, JAMS, London Court of International Arbitration, Moot Alumni Association, Singapore International Arbitration Centre, Swiss Arbitration Association, United Nations Commission on International Trade Law, Beijing International Arbitration Centre, Vienna International Arbitral Centre, and the University of Vienna Faculty of Law.[12]

Vis East

 
Vis (East) Moot, Hong Kong

The Vis East Moot is the sister moot to the Vis Moot in Vienna. The Vis East takes place annually in Hong Kong.[13] Founded in 2003 by Louise Barrington, a Canadian arbitrator based in Hong Kong, the Vis East was originally underwritten by the East Asia Branch of the Chartered Institute of Arbitrators. The Vis East uses the same moot problem and the rules are essentially the same as the Moot that takes place in Vienna. Nevertheless, they are two separate moots with separate registrations and fees, as well as separate winners – the Vis East is not a regional elimination moot for the Vienna competition. A law school can register for the Vis East, the Vienna moot, or both. While the same students can be on both teams, a student cannot present oral arguments in both the Hong Kong and the Vienna Moot in the same year even though both moots are held a week apart; further, students who have spoken in elimination rounds in previous editions (whether in Vienna or Hong Kong) cannot participate as an oralist in subsequent competitions. The first local host of the Vis East was the City University of Hong Kong; the 1st–3rd editions were held at City University's campus located in Kowloon Tong. The following two moots were hosted by the Chinese University of Hong Kong at its campus in Central. Since the 6th edition, the moot has moved back to City University of Hong Kong. The Director of the Vis East is Louise Barrington, with Sherlin Tung as Deputy Director.

Online edition

In 2020, due to COVID-19 pandemic, both Vis moots were conducted online during the originally scheduled dates,[14] paving the way to the first editions of the Virtual Vis East and Virtual Vis respectively. Around 70 out of the original 140 teams that had signed up participated in the First Virtual Vis East, while the number for the virtual rounds for Vienna was around 250 out of 390.[15] As air travel restrictions did not improve, it was decided that the 2021 and 2022 editions of both Vis moots would be online as well. The Vienna edition returned to the in-person format in 2023.

Moot problem

Danubia is a fictional country, which has enacted the UNCITRAL Model Law on International Commercial Arbitration as well as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). It always features as the seat of arbitration. The arbitration clause in the contract in the problem always provides that the dispute is to be decided by arbitration in Danubia under the institutional arbitration rules of one of the various arbitration institutions which sponsors the moot. The substantive issue always entails the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Moot Year Arbitration rules used in the moot problem
1st 1994 UNCITRAL Arbitration Rules
2nd 1995 UNCITRAL Arbitration Rules
3rd 1996 International Arbitration Rules of the American Arbitration Association
4th 1997 Rules of Arbitration of the International Chamber of Commerce
5th 1998 UNCITRAL Arbitration Rules
6th 1999 International Arbitration Rules of the American Arbitration Association
7th 2000 Rules of the London Court of International Arbitration
8th 2001 Rules of Arbitration of the International Chamber of Commerce
9th 2002 International Arbitration Rules of the American Arbitration Association
10th 2003 Arbitration Rules of the German Institution of Arbitration
11th 2004 Arbitration Rules of the Singapore International Arbitration Centre
12th 2005 Swiss Rules of International Arbitration
13th 2006 Arbitration Rules of the Chicago International Dispute Resolution Association
14th 2007 Arbitration Rules of The Court of International Commercial Arbitration, Romania
15th 2008 JAMS International Arbitration Rules
16th 2009 Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce
17th 2010 Arbitration Rules of the Australian Centre for International Commercial Arbitration
18th 2011 Arbitration Rules of the Chamber of National and International Arbitration of Milan[16]
19th 2012 Arbitration Rules of the China International Economic and Trade Arbitration Commission
20th 2013 Arbitration Rules of the Chinese European Arbitration Centre
21st 2014 Arbitration Rules of the Belgian Centre for Arbitration and Mediation
22nd 2015 Rules of Arbitration of the International Chamber of Commerce
23rd 2016 Arbitration Rules of the Vienna International Arbitration Center
24th 2017 Arbitration Rules of Arbitration Center of the Chamber of Commerce Brazil-Canada
25th 2018 UNCITRAL Arbitration Rules
26th 2019 Arbitration Rules of the Hong Kong International Arbitration Centre
27th 2020 Rules of the London Court of International Arbitration
28th 2021 Swiss Rules of International Arbitration
29th 2022 Asian International Arbitration Centre Rules
30th 2023 Permanent Court of Arbitration Rules

Competition structure

The Vis Moot consists of two parts. The written phase of the Vis Moot commences on the first Friday in October when the moot problem, consisting of initial statements of claim and defence by the parties' attorneys as well as motions regarding procedural questions and exhibits, is distributed to the participating teams. According to an order by the arbitral tribunal, both parties have to prepare a memorandum concerning factual and procedural issues. The memorandum supporting the position of the claimant is due early in December. As the moot proceeds, each team is sent a copy of the memorandum for claimant of one of the other teams in the moot. The memorandum for respondent is prepared in response to the memorandum received, and is due in mid-February. With the submission of the memorandum for respondent, the written phase is closed. Awards for the best memoranda in the competition will not be presented to the teams until the last day of the oral arguments. As opposed to some other international mooting competitions, there is no selection of the teams who can proceed to the oral arguments based on the quality of their memoranda – every team that is participating in the Vis Moot gets to go to Vienna or Hong Kong.

 
Juridicum, University of Vienna

The oral arguments then take place in Vienna and Hong Kong. In Vienna, they begin every year with a formal opening reception on the Friday a week before Easter and close with the finals on Thursday of Holy Week. On Thursday night preceding the opening ceremony, the Moot Alumni Association traditionally organises its welcoming party for student participants, coaches, and moot alumni. The general rounds of the oral arguments take place at the Law Faculty of the University of Vienna (the Juridicum) and several near-by law offices on Saturday through Tuesday. They start on Saturday morning, 8:30 a.m. (for those 25 or so teams who have caught the first "slot"), with every competing team arguing in four hearings (against four different teams, usually pairing a team from a civil law country with a team from a common law country) during the next four days. The preliminary rounds conclude on Tuesday afternoon with the announcement of the 64 highest-ranking teams (32 for Hong Kong) which move on to the elimination rounds. Entering elimination rounds is an achievement in itself, especially since the scoring in general rounds is not consistent across the board. Elimination rounds subsequently take place on Tuesday night, Wednesday and Thursday, culminating in the final argument. The moot closes with an awards banquet following the final argument.

Pre-moots

 
Pre-moot at Olomouc Faculty of Law courtroom

As popularity for the Vis moots has continually grown, many schools now participate in sessions to practice the presentation of their argument, before ultimately travelling to Vienna or Hong Kong for the actual moot. Examples of these pre-moots include:

  • Belgrade Open held in Serbia. Organised since 2008, it has a turnout of around 60 teams a year
  • Shanghai Moot held in Shanghai. Organised since 2010, it has a turnout of around 50 teams a year
  • Asian International Arbitration Centre competition held in Kuala Lumpur. Organised since 2017, it has a turnout of around 80 teams a year
  • CIArb Australia competition held in Melbourne. Organised since 2018, it has a turnout of around 20 teams a year
  • Permanent Court of Arbitration's pre-moots hosted in various parts of the world
  • International Centre for Dispute Resolution competition held in New York. Organised since 2008, it has a turnout of dozens of teams a year
  • IAC Central Asia competition held in Kazakhstan. Organised since 2018
  • Fox Williams/CIArb competition held in London. Organised since 2015, it has a turnout of around 30 teams per year

Awards

Various awards are given in both Vienna and Hong Kong for the written and oral arguments (individual and team). Honourable Mentions are given to teams that make the knockout stages for the oral phase, written submissions, and individual performances during the oral phase. Best Memoranda and Best Oralist prizes are also given to the top-3 in each category.

Venues

The different occasions during the oral phase of the Vienna Moot have not always been held at the venues they take place at today. As the Vis Moot grew over the years, the space needed grew with it, and required a number of venue changes from year to year. The opening reception, for example, was held at the UNCITRAL headquarters during the first three Moots (1994–96), and subsequently moved to the building of the old Vienna Stock Exchange (the "Börse"), the Ronacher Theatre (until 2005) and then the Konzerthaus (13th Moot, 2006). In 2007, the opening reception was held at the Stadthalle, but it returned to the Konzerthaus in 2008.

From the 1st until the 3rd Vis Moot (1994–96), the oral hearings proper were held at the International Arbitral Centre of the Austrian Federal Economic Chamber (Wiedner Hauptstrasse 63 in Vienna's 4th district), thus taking place in the very rooms where ordinary arbitration hearings are held. Only from the 4th Moot (1997) onwards, the oral hearings took place at the Juridicum of the Faculty of Law, University of Vienna. During the more recent moots, some of the hearings have been held at the offices of nearby law firms (since the Juridicum alone could no longer accommodate the growing number of hearings), namely at the offices of Dorda Brugger Jordis (since the 11th Moot 2004), DLA Piper Weiss-Tessbach (since the 16th Moot 2009) and Baker McKenzie: Diwok Hermann Petsche (since the 17th Moot 2010).

The location for the championship final remained at the Vienna International Arbitral Centre even longer; the last hearing of each year's moot was held there from the 1st until the 6th Moot (1994–99). From the 7th until the 10th Moot (2000–03), the final hearing took place at the Festsaal of the Vienna City Hall (the Rathaus), and since the 11th Moot (2004) it has moved to the Messen. The awards banquet following the championship final was held at the Piaristenkeller,[17] a historic Viennese restaurant, during the 1st and 2nd Moots (1994–95), then at the Rathauskeller of the Vienna City Hall (at the 3rd Moot, 1996) and subsequently at the same building's Festsaal (4th until 10th Moot, 1997–2003). Since the 11th Moot (2004), it has been held at the Messe.

One location that has remained unchanged in its important role in the Moot (since the 4th Moot, when it was first used for moot purposes) is the "Dachgeschoss". The term "Dachgeschoss" (German for "top floor"; literally "roof floor" (Dach = roof, Geschoss = floor)), which has become part of the international moot vocabulary, refers to the top floor (7th floor) of the Juridicum in Vienna. It houses the moot administration (where teams and arbitrators register, the arbitrators pick up and hand in their score sheets, and tickets for the awards banquet are available), the MAA (Moot Alumni Association) desk, displays by various sponsoring law publishers (often offering special "moot deals") and - maybe most importantly - chairs, tables and lounge areas for the participants and arbitrators to meet and linger. The Dachgeschoss is where the hearing schedule for the day (listing the teams, the hearing room and the arbitrators) is posted every morning. During the elimination rounds, this is also the place where teams and arbitrators will gather after each round to learn with team will move on to the next round.

Cultural reception

The Vis moots are considered two of the most prestigious moot competitions in the world. With the foremost scholars and practitioners in the field of international sales law and international arbitration acting as arbitrators to judge the various teams, the competition has been referred to as the "Olympics of international trade law",[18] and has been credited for engaging in emerging issues in this domain,[19] bridging the divide between civil and common law cultures,[20] and training the next generation of international arbitration lawyers.[21] It draws participation from many law schools from all over the world. In 1994, when the first Moot was held, 11 teams took part. Since then, the field has grown rapidly: The 26th Moot, held in 2019, saw more than 300 teams enter the competition. In most law schools, being selected as a team member is in itself a sign of excellence.[22]

The Vis Moot's popularity has grown rapidly over the last decade of its existence. The moot gives an opportunity to law students to interact with law students from other countries and other cultures thereby equipping them with a multicultural approach which is undoubtedly an asset in international arbitrations as well as one of the aims of this competition. The other attraction of the competition are the parties that are organised by the Moot Alumni Association (MAA), which provide the students an opportunity to unwind after months of rigorous preparation for the moot. The MAA hosts a welcoming party a day before the Official Opening Reception as well as a farewell party a day before the finals and the awards banquet.

Even when there are no parties, participants go out to a bar to drink and meet other participants. The venue that has traditionally been considered to be the pub for the Moot was the Ma Pitom[23] situated in the Bermudadreieck, as the Viennese call their pub and party district. During the 4th Vis Moot (held in 1997), it evolved into the central night-time meeting point for Moot participants, and was home to many a moot celebration. During the 14th-16th Vis Moots (2007–09), the Aux Gazelles[24] in the Museumsquartier functioned as the MAA Moot Bar. The 17th Vis Moot 2010 saw a new venue, the Ost-Klub.[25] In 2017, for the 24th Vis Moot the club returned to Aux Gazelles.

The audience during the opening ceremonies for the 13th Vis Moot 2006 was able to witness an unexpected cultural phenomenon when Professor Harry Flechtner, one of the leading U.S. scholars on the CISG, took the stage and performed two country-style songs specifically written for this purpose, the "CISG Song"[26][27] and (as an encore) the "Mootie Blues".[28][29] He repeated the successful performance during the 14th Vis Moot 2007 and the 15th Vis Moot 2008 (adding a song inspired by that year's Moot Problem, titled "The Ballad of Blue Hills 2005").[30]

Some of the Mootie Blues' lyrics - notably "And since you hadn't had a date since stars first shone in the night above / That's when you realized that you're in the moot for love" - hint at a particular cultural phenomenon which has been part of the Vis Moot experience since the early years. The CISG's overall aim, as expressed in its preamble - "promoting friendly relations among States" - is often pursued on a personal level in Vienna and Hong Kong, resulting in a surprising number of friendly relations indeed between individuals participating in the Moot. And, despite the old Moot proverb "What happens in Vienna stays in Vienna", time has shown that quite often Vienna (or, more recently, Hong Kong) happens to be only the beginning: Over the years, numerous Moot participants have moved to a foreign country as a result of a friendly relationship that had been established during the Moot week, and even a quite impressive number of Moot-induced marriages have been celebrated (between participants from different teams, and also between participants and arbitrators).

Moot Alumni Association (MAA)

The Moot Alumni Association (MAA) is the alumni association of both Vis moots. It was founded in 1996 in the aftermath of the 3rd Willem C. Vis Moot and is a non-profit association registered under Austrian law with its seat in Vienna. With a 5,000+ strong membership, the MAA is composed of students as well as distinguished academics and practitioners, and internationally renowned arbitrators and practitioners.

In 2019, the MAA established a Core Team, expanding its reach and projects. The MAA Core Team is responsible for various MAA Projects such as the publication of the Vindobona Journal of International Commercial Law and Arbitration,[31] facilitating internships and employment related to these areas of law, a Mentor-Mentee Programme, a Diversity & Inclusion Committee, China Project, MAA Speaker Series and other legal conferences and seminars, and collaboration with the United Nations Commission on International Trade Law (UNCITRAL) and the Institute of International Commercial Law, Pace Law School.

The MAA's activities during the Willem C. Vis Moots include organising the annual Generations in Arbitrations Conference and Peter Schlectriem CISG Conference, social events for Vis Moot participants, notably the MAA Welcome Party on the night before the Opening Receptions, nightly Moot Bars, a daily MAA Coffee House, and the Farewell Parties before the Final Rounds.

The 2021-2022 Executive Board consists of Sherlin Tung as President, Isabela Deveza and Sabine Neuhaus as Vice Presidents, Alicja Zielenska-Eisen and Wendy Gonzalez as Secretaries.

More information can be found on the MAA website: www.maa.net.


References

  1. ^ "The 2017/18 International Moots Season in Review". 8 October 2018.
  2. ^ "A Recap of the 2018/19 International Moots Season". 7 September 2019.
  3. ^ "Willem C. Vis International Commercial Arbitration Moot". Cisg.law.pace.edu. 2016-07-15. Retrieved 2016-07-15.
  4. ^ "Another Season of Record-Breaking International Moot Court Achievements (SMU) - The Singapore Law Gazette". 31 October 2017.
  5. ^ "Mooting Premier League is back: MPL 7 sees Nalsar, UILS, NLS, NLIU lead after strong 2016 start".
  6. ^ "Mooting Premier League is back: MPL 7 sees Nalsar, UILS, NLS, NLIU lead after strong 2016 start".
  7. ^ a b c Eric E. Bergsten, 'In Memoriam: Willem Cornelis Vis (1924-1993)', 28 International Lawyer 583 (1994)
  8. ^ WOLFGANG SAXONPublished: December 09, 1993 (1993-12-09). "'Willem C. Vis, 69, Professor Who Held International Post', New York Times of 9 December 1993". The New York Times. Retrieved 2013-09-22.
  9. ^ "Institute of International Commercial Law | Institute of International Commercial Law, Pace Law School".{{cite web}}: CS1 maint: url-status (link)
  10. ^ . Pace Law School. Archived from the original on 2011-08-07.
  11. ^ "Moot Court Competitions". Pace Law School.
  12. ^ "Sponsors - Willem C. Vis International Commercial Arbitration Moot".
  13. ^ "The Annual Willem C. Vis (East) International Commercial Arbitration Moot". Cisgmoot.org. Retrieved 2013-09-22.
  14. ^ "Announcements - Willem C. Vis International Commercial Arbitration Moot".
  15. ^ "GAR Article: First virtual Vis East reaches an end".
  16. ^ "Law Research: Camera Arbitrale di Milano - Arbitration Rules 2010" (in German). Trans-lex.org. 2010-01-01. Retrieved 2013-09-22.
  17. ^ "K.u.K. Piaristenkeller - historic restaurant located in the most beautiful cloister cellar in Vienna". Piaristenkeller.at. Retrieved 2013-09-22.
  18. ^ "h2g2 - The Willem C Vis International Commercial Arbitration Moot". BBC. Retrieved 2013-09-22.
  19. ^ "The 2020 Vis Moot: Facing Emerging Challenges, While Continuing to Hone Best Practices in Procedure and Ethics". 22 March 2020.
  20. ^ "Volume 6, Issue 1 (July 2017) | IJAL".
  21. ^ Shulman, Mark R. (14 April 2006). "Opinion | Moot court diplomacy". The New York Times.
  22. ^ von Christian Grohganz (2011-07-22). "Christian Grohganz, 'Willem C. Vis Moot Court: Vienna calling', Legal Tribune Online of 5 May 2011". Lto.de. Retrieved 2013-09-22.
  23. ^ "mapitom.a". Mapitom.at. Retrieved 2013-09-22.
  24. ^ "auxgazelles.at". auxgazelles.at. Retrieved 2013-09-22.
  25. ^ (in German). Ost-klub.at. Archived from the original on 2013-10-02. Retrieved 2013-09-22.
  26. ^ Fulltime Faculty. "CISG Song | University of Pittsburgh School of Law". Law.pitt.edu. Retrieved 2013-09-22.
  27. ^ Flechtner, Harry (2006-12-24). "The Lyrical Side of International Commercial Law". Internationales Handelsrecht. 6 (6). doi:10.1515/ihr.2006.6.6.265. ISSN 2193-9527. S2CID 156899917.
  28. ^ Fulltime Faculty. "The Mootie Blues | University of Pittsburgh School of Law". Law.pitt.edu. Retrieved 2013-09-22.
  29. ^ Flechtner, Harry (2006-12-24). "The Mootie Blues". Internationales Handelsrecht. 6 (6). doi:10.1515/ihr.2006.6.6.268. ISSN 2193-9527. S2CID 191379436.
  30. ^ Fulltime Faculty. "The Ballad of Blue Hills '05 | University of Pittsburgh School of Law". Law.pitt.edu. Retrieved 2013-09-22.
  31. ^ "vindobonajournal.com". vindobonajournal.com. Retrieved 2013-09-22.

Further reading

  • Eric E. Bergsten, "Teaching about International Commercial Arbitration ...", 18 Journal of International Arbitration (August 2001) 481-486
  • Daniel Girsberger, "Internationale Schiedsgerichtsbarkeit: Ausbildung durch Moot Courts", in: Greiner / Berger / Güngerich (eds.), Festschrift für Franz Kellerhals zum 65. Geburtstag, Stämpfli Verlag AG Bern (2005), p. 23-33
  • Jack M. Graves & Stephanie A. Vaughan, "The Willem C. Vis International Commercial Arbitration Moot: Making the Most of an Extraordinary Educational Opportunity", 10 Vindobona Journal of International Commercial Law and Arbitration (2/2006) 173-206
  • Mark R. Shulman, "Moot Court in Global Language of Trade", New York Law Journal 2 April 2007
  • Jeff Waincymer, "International and Comparative Legal Education through the William C. Vis Moot Program: A Personal Reflection", 5 Vindobona Journal of International Commercial Law and Arbitration (2001) 251-283
  • Janet Walker (ed.), The Vis Book - A Participant's Guide to the Willem C. Vis International Commercial Arbitration Moot, Juris Publishing (2008), 190 pp.
  • Harald Sippel / Marc Ohrendorf, "Mooting to Win - How to Succeed in International Moot Court Competitions", Sweet & Maxwell (2019)

External links

  • Willem C. Vis International Commercial Arbitration Moot, Vienna (official website)
  • Willem C. Vis (East) Moot, Hong Kong (official website)
  • Moot Alumni Association (MAA), the Alumni Association of the Willem C. Vis International Commercial Arbitration Moot

willem, moot, willem, international, commercial, arbitration, moot, moot, international, moot, competition, since, 1994, been, held, annually, vienna, austria, attracting, more, than, schools, from, around, world, spurring, creation, more, than, moots, each, y. The Willem C Vis International Commercial Arbitration Moot or Vis Moot 3 is an international moot competition Since 1994 it has been held annually in Vienna Austria attracting more than 300 law schools from all around the world and spurring the creation of more than 20 pre moots each year before the actual rounds are held in Vienna It is the largest arbitration moot competition and second largest moot overall in the world considered a grand slam or major moot 4 5 A sister moot known as the Willem C Vis East Moot is held in Hong Kong just before the rounds in Vienna It was established in 2003 and attracts around 150 teams every year making it the second largest commercial arbitration moot and also a grand slam moot 6 It uses the same moot problem as the Vis Moot as does the various pre moot friendlies Willem C Vis MootsEstablished1993 Vis 2003 Vis East VenueVienna Vis Hong Kong Vis East Subject matterInternational commercial arbitrationClassGrand Slam 1 2 Record participationVienna 387 teams 2022 387 teams for online 2021 Hong Kong 133 teams 2018 150 teams for online 2021 QualificationNoneMost championshipsVienna University of Ottawa 3 Hong Kong West Bengal National University of Juridical Sciences Loyola Law School Los Angeles Chinese University of Hong Kong Singapore Management University 2 WebsiteVienna vismoot wbr pace wbr edu Hong Kong www wbr cisgmoot wbr orgvteThe objective of both Vis moots is to foster study in the area of international commercial arbitration and encourage the resolution of business disputes by arbitration The problem for the moot is always based on an international sales transaction subjected to the United Nations Convention on Contracts for the International Sale of Goods referred to commonly as the CISG and also involves procedural issues of arbitration such as jurisdiction and powers of an arbitral tribunal The moot consists of submitting written memoranda for both claimant and respondent before the oral phase of the competition though the written arguments have no bearing on either the preliminary rounds or knockout stages in the oral phase Contents 1 Background 1 1 About Willem C Vis 1 2 Organisers and sponsors 1 3 Vis East 1 4 Online edition 1 5 Moot problem 2 Competition structure 2 1 Pre moots 2 2 Awards 2 3 Venues 3 Cultural reception 4 Moot Alumni Association MAA 5 References 6 Further reading 7 External linksBackground EditAbout Willem C Vis Edit The moot is named after Willem Cornelis Vis 1924 1993 an expert in international commercial transactions and dispute settlement procedures Vis was born in Utrecht and graduated from Leiden University and Nijmegen University in the Netherlands 7 He also read law economics and philosophy at Magdalen College Oxford Vis began to work for European co operation in 1957 as a member of the Council of Europe Secretariat in its human rights and legal affairs directorates and later in 1965 became Deputy Secretary General of the International Institute for the Unification of Private Law UNIDROIT in Rome In 1968 he moved to the United Nations Secretariat in New York where he became Senior Legal Officer then Chief of the International Trade Law Branch of the United Nations Office of Legal Affairs and Secretary of the United Nations Commission on International Trade Law UNCITRAL 7 Vis served as Executive Secretary of the Vienna Diplomatic Conference that created the United Nations Convention on Contracts for the International Sale of Goods CISG He helped craft the UNCITRAL Arbitration Rules and was Representative of the Netherlands to the UNCITRAL and served as Chair of its Working Group on International Payments 7 He served on the faculty of Pace University School of Law from 1980 until his death in 1993 8 At Pace he continued to participate in the development of international commercial law and was founding director of the Pace Institute of International Commercial Law 9 Organisers and sponsors Edit The moot is organised by the Association for the Organization and Promotion of the Willem C Vis International Commercial Arbitration Moot The Director was Pace Law School s Professor Emeritus Eric Bergsten 10 a former Secretary of the UNCITRAL until his retirement in 2013 after the 20th annual moot The current directors are Christopher Kee Patrizia Netal and Stefan Kroell 11 The moot is sponsored by the International Centre for Dispute Resolution American Arbitration Association International Arbitral Centre of the Austrian Federal Economic Chamber Australian Centre for International Commercial Arbitration CEPANI Belgium Chartered Institute of Arbitrators Chinese European Arbitration Centre German Institution of Arbitration Hong Kong International Arbitration Centre International Chamber of Commerce Permanent Court of Arbitration JAMS London Court of International Arbitration Moot Alumni Association Singapore International Arbitration Centre Swiss Arbitration Association United Nations Commission on International Trade Law Beijing International Arbitration Centre Vienna International Arbitral Centre and the University of Vienna Faculty of Law 12 Vis East Edit Vis East Moot Hong KongThe Vis East Moot is the sister moot to the Vis Moot in Vienna The Vis East takes place annually in Hong Kong 13 Founded in 2003 by Louise Barrington a Canadian arbitrator based in Hong Kong the Vis East was originally underwritten by the East Asia Branch of the Chartered Institute of Arbitrators The Vis East uses the same moot problem and the rules are essentially the same as the Moot that takes place in Vienna Nevertheless they are two separate moots with separate registrations and fees as well as separate winners the Vis East is not a regional elimination moot for the Vienna competition A law school can register for the Vis East the Vienna moot or both While the same students can be on both teams a student cannot present oral arguments in both the Hong Kong and the Vienna Moot in the same year even though both moots are held a week apart further students who have spoken in elimination rounds in previous editions whether in Vienna or Hong Kong cannot participate as an oralist in subsequent competitions The first local host of the Vis East was the City University of Hong Kong the 1st 3rd editions were held at City University s campus located in Kowloon Tong The following two moots were hosted by the Chinese University of Hong Kong at its campus in Central Since the 6th edition the moot has moved back to City University of Hong Kong The Director of the Vis East is Louise Barrington with Sherlin Tung as Deputy Director Online edition Edit In 2020 due to COVID 19 pandemic both Vis moots were conducted online during the originally scheduled dates 14 paving the way to the first editions of the Virtual Vis East and Virtual Vis respectively Around 70 out of the original 140 teams that had signed up participated in the First Virtual Vis East while the number for the virtual rounds for Vienna was around 250 out of 390 15 As air travel restrictions did not improve it was decided that the 2021 and 2022 editions of both Vis moots would be online as well The Vienna edition returned to the in person format in 2023 Moot problem Edit Danubia is a fictional country which has enacted the UNCITRAL Model Law on International Commercial Arbitration as well as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards New York Convention It always features as the seat of arbitration The arbitration clause in the contract in the problem always provides that the dispute is to be decided by arbitration in Danubia under the institutional arbitration rules of one of the various arbitration institutions which sponsors the moot The substantive issue always entails the United Nations Convention on Contracts for the International Sale of Goods CISG Moot Year Arbitration rules used in the moot problem1st 1994 UNCITRAL Arbitration Rules2nd 1995 UNCITRAL Arbitration Rules3rd 1996 International Arbitration Rules of the American Arbitration Association4th 1997 Rules of Arbitration of the International Chamber of Commerce5th 1998 UNCITRAL Arbitration Rules6th 1999 International Arbitration Rules of the American Arbitration Association7th 2000 Rules of the London Court of International Arbitration8th 2001 Rules of Arbitration of the International Chamber of Commerce9th 2002 International Arbitration Rules of the American Arbitration Association10th 2003 Arbitration Rules of the German Institution of Arbitration11th 2004 Arbitration Rules of the Singapore International Arbitration Centre12th 2005 Swiss Rules of International Arbitration13th 2006 Arbitration Rules of the Chicago International Dispute Resolution Association14th 2007 Arbitration Rules of The Court of International Commercial Arbitration Romania15th 2008 JAMS International Arbitration Rules16th 2009 Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce17th 2010 Arbitration Rules of the Australian Centre for International Commercial Arbitration18th 2011 Arbitration Rules of the Chamber of National and International Arbitration of Milan 16 19th 2012 Arbitration Rules of the China International Economic and Trade Arbitration Commission20th 2013 Arbitration Rules of the Chinese European Arbitration Centre21st 2014 Arbitration Rules of the Belgian Centre for Arbitration and Mediation22nd 2015 Rules of Arbitration of the International Chamber of Commerce23rd 2016 Arbitration Rules of the Vienna International Arbitration Center24th 2017 Arbitration Rules of Arbitration Center of the Chamber of Commerce Brazil Canada25th 2018 UNCITRAL Arbitration Rules26th 2019 Arbitration Rules of the Hong Kong International Arbitration Centre27th 2020 Rules of the London Court of International Arbitration28th 2021 Swiss Rules of International Arbitration29th 2022 Asian International Arbitration Centre Rules30th 2023 Permanent Court of Arbitration RulesCompetition structure EditThe Vis Moot consists of two parts The written phase of the Vis Moot commences on the first Friday in October when the moot problem consisting of initial statements of claim and defence by the parties attorneys as well as motions regarding procedural questions and exhibits is distributed to the participating teams According to an order by the arbitral tribunal both parties have to prepare a memorandum concerning factual and procedural issues The memorandum supporting the position of the claimant is due early in December As the moot proceeds each team is sent a copy of the memorandum for claimant of one of the other teams in the moot The memorandum for respondent is prepared in response to the memorandum received and is due in mid February With the submission of the memorandum for respondent the written phase is closed Awards for the best memoranda in the competition will not be presented to the teams until the last day of the oral arguments As opposed to some other international mooting competitions there is no selection of the teams who can proceed to the oral arguments based on the quality of their memoranda every team that is participating in the Vis Moot gets to go to Vienna or Hong Kong Juridicum University of ViennaThe oral arguments then take place in Vienna and Hong Kong In Vienna they begin every year with a formal opening reception on the Friday a week before Easter and close with the finals on Thursday of Holy Week On Thursday night preceding the opening ceremony the Moot Alumni Association traditionally organises its welcoming party for student participants coaches and moot alumni The general rounds of the oral arguments take place at the Law Faculty of the University of Vienna the Juridicum and several near by law offices on Saturday through Tuesday They start on Saturday morning 8 30 a m for those 25 or so teams who have caught the first slot with every competing team arguing in four hearings against four different teams usually pairing a team from a civil law country with a team from a common law country during the next four days The preliminary rounds conclude on Tuesday afternoon with the announcement of the 64 highest ranking teams 32 for Hong Kong which move on to the elimination rounds Entering elimination rounds is an achievement in itself especially since the scoring in general rounds is not consistent across the board Elimination rounds subsequently take place on Tuesday night Wednesday and Thursday culminating in the final argument The moot closes with an awards banquet following the final argument Pre moots Edit Pre moot at Olomouc Faculty of Law courtroomAs popularity for the Vis moots has continually grown many schools now participate in sessions to practice the presentation of their argument before ultimately travelling to Vienna or Hong Kong for the actual moot Examples of these pre moots include Belgrade Open held in Serbia Organised since 2008 it has a turnout of around 60 teams a year Shanghai Moot held in Shanghai Organised since 2010 it has a turnout of around 50 teams a year Asian International Arbitration Centre competition held in Kuala Lumpur Organised since 2017 it has a turnout of around 80 teams a year CIArb Australia competition held in Melbourne Organised since 2018 it has a turnout of around 20 teams a year Permanent Court of Arbitration s pre moots hosted in various parts of the world International Centre for Dispute Resolution competition held in New York Organised since 2008 it has a turnout of dozens of teams a year IAC Central Asia competition held in Kazakhstan Organised since 2018 Fox Williams CIArb competition held in London Organised since 2015 it has a turnout of around 30 teams per yearAwards Edit For more information see Awards in the Willem C Vis International Commercial Arbitration Moot Various awards are given in both Vienna and Hong Kong for the written and oral arguments individual and team Honourable Mentions are given to teams that make the knockout stages for the oral phase written submissions and individual performances during the oral phase Best Memoranda and Best Oralist prizes are also given to the top 3 in each category Venues Edit The different occasions during the oral phase of the Vienna Moot have not always been held at the venues they take place at today As the Vis Moot grew over the years the space needed grew with it and required a number of venue changes from year to year The opening reception for example was held at the UNCITRAL headquarters during the first three Moots 1994 96 and subsequently moved to the building of the old Vienna Stock Exchange the Borse the Ronacher Theatre until 2005 and then the Konzerthaus 13th Moot 2006 In 2007 the opening reception was held at the Stadthalle but it returned to the Konzerthaus in 2008 From the 1st until the 3rd Vis Moot 1994 96 the oral hearings proper were held at the International Arbitral Centre of the Austrian Federal Economic Chamber Wiedner Hauptstrasse 63 in Vienna s 4th district thus taking place in the very rooms where ordinary arbitration hearings are held Only from the 4th Moot 1997 onwards the oral hearings took place at the Juridicum of the Faculty of Law University of Vienna During the more recent moots some of the hearings have been held at the offices of nearby law firms since the Juridicum alone could no longer accommodate the growing number of hearings namely at the offices of Dorda Brugger Jordis since the 11th Moot 2004 DLA Piper Weiss Tessbach since the 16th Moot 2009 and Baker McKenzie Diwok Hermann Petsche since the 17th Moot 2010 The location for the championship final remained at the Vienna International Arbitral Centre even longer the last hearing of each year s moot was held there from the 1st until the 6th Moot 1994 99 From the 7th until the 10th Moot 2000 03 the final hearing took place at the Festsaal of the Vienna City Hall the Rathaus and since the 11th Moot 2004 it has moved to the Messen The awards banquet following the championship final was held at the Piaristenkeller 17 a historic Viennese restaurant during the 1st and 2nd Moots 1994 95 then at the Rathauskeller of the Vienna City Hall at the 3rd Moot 1996 and subsequently at the same building s Festsaal 4th until 10th Moot 1997 2003 Since the 11th Moot 2004 it has been held at the Messe One location that has remained unchanged in its important role in the Moot since the 4th Moot when it was first used for moot purposes is the Dachgeschoss The term Dachgeschoss German for top floor literally roof floor Dach roof Geschoss floor which has become part of the international moot vocabulary refers to the top floor 7th floor of the Juridicum in Vienna It houses the moot administration where teams and arbitrators register the arbitrators pick up and hand in their score sheets and tickets for the awards banquet are available the MAA Moot Alumni Association desk displays by various sponsoring law publishers often offering special moot deals and maybe most importantly chairs tables and lounge areas for the participants and arbitrators to meet and linger The Dachgeschoss is where the hearing schedule for the day listing the teams the hearing room and the arbitrators is posted every morning During the elimination rounds this is also the place where teams and arbitrators will gather after each round to learn with team will move on to the next round Cultural reception EditThe Vis moots are considered two of the most prestigious moot competitions in the world With the foremost scholars and practitioners in the field of international sales law and international arbitration acting as arbitrators to judge the various teams the competition has been referred to as the Olympics of international trade law 18 and has been credited for engaging in emerging issues in this domain 19 bridging the divide between civil and common law cultures 20 and training the next generation of international arbitration lawyers 21 It draws participation from many law schools from all over the world In 1994 when the first Moot was held 11 teams took part Since then the field has grown rapidly The 26th Moot held in 2019 saw more than 300 teams enter the competition In most law schools being selected as a team member is in itself a sign of excellence 22 The Vis Moot s popularity has grown rapidly over the last decade of its existence The moot gives an opportunity to law students to interact with law students from other countries and other cultures thereby equipping them with a multicultural approach which is undoubtedly an asset in international arbitrations as well as one of the aims of this competition The other attraction of the competition are the parties that are organised by the Moot Alumni Association MAA which provide the students an opportunity to unwind after months of rigorous preparation for the moot The MAA hosts a welcoming party a day before the Official Opening Reception as well as a farewell party a day before the finals and the awards banquet Even when there are no parties participants go out to a bar to drink and meet other participants The venue that has traditionally been considered to be the pub for the Moot was the Ma Pitom 23 situated in the Bermudadreieck as the Viennese call their pub and party district During the 4th Vis Moot held in 1997 it evolved into the central night time meeting point for Moot participants and was home to many a moot celebration During the 14th 16th Vis Moots 2007 09 the Aux Gazelles 24 in the Museumsquartier functioned as the MAA Moot Bar The 17th Vis Moot 2010 saw a new venue the Ost Klub 25 In 2017 for the 24th Vis Moot the club returned to Aux Gazelles The audience during the opening ceremonies for the 13th Vis Moot 2006 was able to witness an unexpected cultural phenomenon when Professor Harry Flechtner one of the leading U S scholars on the CISG took the stage and performed two country style songs specifically written for this purpose the CISG Song 26 27 and as an encore the Mootie Blues 28 29 He repeated the successful performance during the 14th Vis Moot 2007 and the 15th Vis Moot 2008 adding a song inspired by that year s Moot Problem titled The Ballad of Blue Hills 2005 30 Some of the Mootie Blues lyrics notably And since you hadn t had a date since stars first shone in the night above That s when you realized that you re in the moot for love hint at a particular cultural phenomenon which has been part of the Vis Moot experience since the early years The CISG s overall aim as expressed in its preamble promoting friendly relations among States is often pursued on a personal level in Vienna and Hong Kong resulting in a surprising number of friendly relations indeed between individuals participating in the Moot And despite the old Moot proverb What happens in Vienna stays in Vienna time has shown that quite often Vienna or more recently Hong Kong happens to be only the beginning Over the years numerous Moot participants have moved to a foreign country as a result of a friendly relationship that had been established during the Moot week and even a quite impressive number of Moot induced marriages have been celebrated between participants from different teams and also between participants and arbitrators Moot Alumni Association MAA EditThe Moot Alumni Association MAA is the alumni association of both Vis moots It was founded in 1996 in the aftermath of the 3rd Willem C Vis Moot and is a non profit association registered under Austrian law with its seat in Vienna With a 5 000 strong membership the MAA is composed of students as well as distinguished academics and practitioners and internationally renowned arbitrators and practitioners In 2019 the MAA established a Core Team expanding its reach and projects The MAA Core Team is responsible for various MAA Projects such as the publication of the Vindobona Journal of International Commercial Law and Arbitration 31 facilitating internships and employment related to these areas of law a Mentor Mentee Programme a Diversity amp Inclusion Committee China Project MAA Speaker Series and other legal conferences and seminars and collaboration with the United Nations Commission on International Trade Law UNCITRAL and the Institute of International Commercial Law Pace Law School The MAA s activities during the Willem C Vis Moots include organising the annual Generations in Arbitrations Conference and Peter Schlectriem CISG Conference social events for Vis Moot participants notably the MAA Welcome Party on the night before the Opening Receptions nightly Moot Bars a daily MAA Coffee House and the Farewell Parties before the Final Rounds The 2021 2022 Executive Board consists of Sherlin Tung as President Isabela Deveza and Sabine Neuhaus as Vice Presidents Alicja Zielenska Eisen and Wendy Gonzalez as Secretaries More information can be found on the MAA website www maa net References Edit The 2017 18 International Moots Season in Review 8 October 2018 A Recap of the 2018 19 International Moots Season 7 September 2019 Willem C Vis International Commercial Arbitration Moot Cisg law pace edu 2016 07 15 Retrieved 2016 07 15 Another Season of Record Breaking International Moot Court Achievements SMU The Singapore Law Gazette 31 October 2017 Mooting Premier League is back MPL 7 sees Nalsar UILS NLS NLIU lead after strong 2016 start Mooting Premier League is back MPL 7 sees Nalsar UILS NLS NLIU lead after strong 2016 start a b c Eric E Bergsten In Memoriam Willem Cornelis Vis 1924 1993 28 International Lawyer 583 1994 WOLFGANG SAXONPublished December 09 1993 1993 12 09 Willem C Vis 69 Professor Who Held International Post New York Times of 9 December 1993 The New York Times Retrieved 2013 09 22 Institute of International Commercial Law Institute of International Commercial Law Pace Law School a href Template Cite web html title Template Cite web cite web a CS1 maint url status link Eric E Bergsten Pace Law School Archived from the original on 2011 08 07 Moot Court Competitions Pace Law School Sponsors Willem C Vis International Commercial Arbitration Moot The Annual Willem C Vis East International Commercial Arbitration Moot Cisgmoot org Retrieved 2013 09 22 Announcements Willem C Vis International Commercial Arbitration Moot GAR Article First virtual Vis East reaches an end Law Research Camera Arbitrale di Milano Arbitration Rules 2010 in German Trans lex org 2010 01 01 Retrieved 2013 09 22 K u K Piaristenkeller historic restaurant located in the most beautiful cloister cellar in Vienna Piaristenkeller at Retrieved 2013 09 22 h2g2 The Willem C Vis International Commercial Arbitration Moot BBC Retrieved 2013 09 22 The 2020 Vis Moot Facing Emerging Challenges While Continuing to Hone Best Practices in Procedure and Ethics 22 March 2020 Volume 6 Issue 1 July 2017 IJAL Shulman Mark R 14 April 2006 Opinion Moot court diplomacy The New York Times von Christian Grohganz 2011 07 22 Christian Grohganz Willem C Vis Moot Court Vienna calling Legal Tribune Online of 5 May 2011 Lto de Retrieved 2013 09 22 mapitom a Mapitom at Retrieved 2013 09 22 auxgazelles at auxgazelles at Retrieved 2013 09 22 ost klub in German Ost klub at Archived from the original on 2013 10 02 Retrieved 2013 09 22 Fulltime Faculty CISG Song University of Pittsburgh School of Law Law pitt edu Retrieved 2013 09 22 Flechtner Harry 2006 12 24 The Lyrical Side of International Commercial Law Internationales Handelsrecht 6 6 doi 10 1515 ihr 2006 6 6 265 ISSN 2193 9527 S2CID 156899917 Fulltime Faculty The Mootie Blues University of Pittsburgh School of Law Law pitt edu Retrieved 2013 09 22 Flechtner Harry 2006 12 24 The Mootie Blues Internationales Handelsrecht 6 6 doi 10 1515 ihr 2006 6 6 268 ISSN 2193 9527 S2CID 191379436 Fulltime Faculty The Ballad of Blue Hills 05 University of Pittsburgh School of Law Law pitt edu Retrieved 2013 09 22 vindobonajournal com vindobonajournal com Retrieved 2013 09 22 Further reading EditEric E Bergsten Teaching about International Commercial Arbitration 18 Journal of International Arbitration August 2001 481 486 Hew R Dundas The Willem C Vis International Commercial Arbitration Moot Stockholm International Arbitration Review 2008 1 155 169 Daniel Girsberger Internationale Schiedsgerichtsbarkeit Ausbildung durch Moot Courts in Greiner Berger Gungerich eds Festschrift fur Franz Kellerhals zum 65 Geburtstag Stampfli Verlag AG Bern 2005 p 23 33 Jack M Graves amp Stephanie A Vaughan The Willem C Vis International Commercial Arbitration Moot Making the Most of an Extraordinary Educational Opportunity 10 Vindobona Journal of International Commercial Law and Arbitration 2 2006 173 206 Mark R Shulman Moot Court in Global Language of Trade New York Law Journal 2 April 2007 Jeff Waincymer International and Comparative Legal Education through the William C Vis Moot Program A Personal Reflection 5 Vindobona Journal of International Commercial Law and Arbitration 2001 251 283 Janet Walker ed The Vis Book A Participant s Guide to the Willem C Vis International Commercial Arbitration Moot Juris Publishing 2008 190 pp Harald Sippel Marc Ohrendorf Mooting to Win How to Succeed in International Moot Court Competitions Sweet amp Maxwell 2019 External links EditWillem C Vis International Commercial Arbitration Moot Vienna official website Willem C Vis East Moot Hong Kong official website Moot Alumni Association MAA the Alumni Association of the Willem C Vis International Commercial Arbitration Moot Retrieved from https en wikipedia org w index php title Willem C Vis Moot amp oldid 1155022111, wikipedia, wiki, book, books, library,

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