13
BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

Embed Size (px)

Citation preview

Page 1: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING

OCTOBER 11-14 ,2014

2014-201522nd Annual Willem C. Vis International

Commercial Arbitration Moot

Page 2: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

The goal of the Vis Moot is to foster the study of international commercial law and arbitration for resolution of international business disputes through its application to a concrete problem of a client and to train law leaders of tomorrow in methods of alternative dispute resolution.

Goal of the Vis Moot

Page 3: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

What is the Vis Moot?

A made-up dispute, between 2 (or more) private parties in an arbitration setting, based on issues that arise out of a commercial transaction.

The dispute is based on a contract, flowing from a transaction relating to the sale or purchase of goods under the United Nations Convention on Contracts for the International Sale of Goods (CISG) and other uniform international commercial law and in the context of an arbitration of a dispute under specified Arbitration Rules.

Page 4: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

What is the Vis Moot?

The Vis Moot is intended to stimulate the study of international commerciallaw, especially the legal texts prepared by the United Nations Commission on International Trade Law (UNCITRAL), and the use of international commercial arbitration to resolve international commercial disputes. The international nature of the Moot is intended to lead participants to interpret the texts of international commercial law in the light of different legal systems and to develop an expertise in advocating a position before an arbitral panel composed of arbitrators from different legal systems.

• United Nations Convention on Contracts for the International Sale of Goods (CISG)

• Rules of Arbitration of the International Court of Arbitration of the ICC (ICC Rules)

• UNCITRAL Model Law on International Commercial Arbitration (Model Law) with the 2006 amendments

• Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention)

Page 5: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

What is the Vis Moot?

There are two phases to the Vis Moot:

Phase I: Written Memoranda (Claimant and Respondent)

Phase II: Oral Arguments (in Vienna, Austria)

In 2013-2014, 290 law school teams from 64 countries participated. Around 1,700 students were members of the teams. The participating teams and their memoranda were judged by around 800 lawyers and professors from around the world.

All information for the Vis Moot can be found online: https://vismoot.pace.edu/

Page 6: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

Vis Moot Problem

• The Problem was distributed on October 3, 2014, by posting on the Moot’s Web site.

• The facts in the dispute that is the subject matter of the Moot are given in the Problem. The facts are described in the statement of claim and statement of defense including the exhibits to those statements.

• Requests for clarification are due October 23, 2014.

• Clarifications issued by the Moot administration in the form of a Procedural Order from the Arbitral Tribunal will be distributed to all registered teams via email.

Page 7: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

• In depth knowledge of international commercial law and arbitration law;

• Skill-building in legal research and analysis and oral and written advocacy;

• Team work experience;

• Practical legal training;

• Making connections with friends from all over the world; and

• A FUN learning experience!

What can participants expect from the Vis Moot?

Page 8: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

What does the Vis Moot expect from participants?

• Research all applicable law (law library, online resources, and books provided by CLDP);

• Write two memoranda; • Prepare for oral arguments;

• Travel to Vienna, Austria!

University of Sarajevo Faculty of Law Vis Moot Team in Vienna

Page 9: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

Vis Moot Calendar

Friday, 3 October 2014 Distribution of the Problem

Thursday, 23 October 2014 Deadline for requests for clarification

Sunday, 30 November 2014 Closing date for submission of registration form

Thursday, 11 December 2014

Friday, 12 December 2014

Memorandum for claimant due

Payment of registration fee due

Thursday, 22 January 2015 Memorandum for respondent due

Thursday, 26 March 2015 Moot Alumni Association Welcoming Party

Friday, 27 March 2015 Official Welcome and reception

Saturday-Tuesday, 28-31 March 2015 General Rounds of argument

Tuesday evening-Wednesday-Thursday , 31 March- 2 April, 2015

Elimination Rounds of argument

Thursday, 2 April 2015 Awards Banquet

Page 10: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

Preparing for the written memoranda:Teams will draft two 30-35

page Memoranda prior to arrival in Vienna, Austria. One memorandum will be for Claimant and the other for Respondent.

Each team will:

• Collaborate with team members, faculty, and student coaches to discuss the Problem;

• Research the issues presented in the Problem;

• Address the issues in the memoranda;

• Edit the memoranda prior to submission.

The 2013 University of Pristina and American University of Kosovo Vis

Moot teams

Page 11: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

Preparing for the Oral Arguments:

American University of Kosovo Vis Moot Respondent Team in Vienna in April 2014

Oral Argument preparation begins in the late January, after the Respondent’s Memorandum is due. Teams utilize Vis Moot alumni, faculty, and the legal community to serve as practice arbitrators and undertake numerous practice arbitration proceedings while streamlining their argument.

•Pitt Law advisors will return in February 2015 for Oral Argument Training and Practice Rounds.•Students and coaches travel to Vienna in April 2015 for oral argument rounds!

Page 12: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

Pitt Law Consortium Team Pre-Moot

Arriving prior to the official start of the Vis Moot in Vienna, the BiH teams will have the opportunity to meet the other Pitt Law consortium teams and take part in practice arguments.

A wonderful opportunity for teams to meet and interact with international students from all over the world!

Vis Moot Final Banquet

Page 13: BIH VIS INTERNATIONAL COMMERCIAL ARBITRATION TRAINING OCTOBER 11-14,2014 2014-2015 22 nd Annual Willem C. Vis International Commercial Arbitration Moot

University/Faculty Support

• Selection of Vis Moot team faculty advisors and coaches (Professors, teaching assistants, Vis Moot alumni/practitioners)

• Selection of Vis Moot student team • Minimum of 4 students; both lower level or advanced

degrees permitted (no licensed attorneys); English language fluency

• Registration of team with the Vis Moot before November 30, 2014

• Allocation of a work area, access to computers and the internet, access to legal research resources

• Guidance and assistance throughout the Memoranda writing process – legal research and case analysis, preparation of outline, review of drafts, preparation of bibliography, finalization of Memoranda prior to submission

• Preparing students for oral arguments; scheduling practice arguments and confirming practice arbitrators

• Payment of Vis Moot registration fee (700 euros, due December 2014)

• Cost sharing for travel costs to Vienna for students and coaches