Willem C. Vis Moot

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Vis Moot
Vis Moot

The Willem C. Vis International Commercial Arbitration Moot[1] is a prestigious annual international moot court competition held in Vienna, Austria. The object of the Vis Arbitral Moot is to foster study in the areas of international commercial and arbitration laws 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, 1980 (also referred to as the United Nations or the Vienna Sales Convention, or CISG) and also involves procedural issues of arbitration. The moot consists of submitting written memoranda prior to the moot on designated dates for both sides of the dispute (Claimant and Respondent in legal terminology). The oral arguments phase of the moot is held in Vienna.

Contents

[edit] Organizer & Sponsors

[edit] Organizer

The Vis Moot is organized by the Association for the organisation and promotion of the Willem C. Vis International Commercial Arbitration Moot.

The "man behind the Vis Moot", though he is not necessarily the author of each year's Moot Problem, is Professor Eric E. Bergsten, Professor Emeritus of Pace University School of Law and a former Secretary of the United Nations Commission on International Trade Law (UNCITRAL).

[edit] Sponsoring Organizations

The Vis Arbitration Moot is sponsored by the International Centre for Dispute Resolution (ICDR) / American Arbitration Association (AAA), the International Arbitral Centre of the Austrian Federal Economic Chamber, the Australian Centre for International Commercial Arbitration (ACICA), the Chartered Institute of Arbitrators, Chicago International Dispute Resolution Association (CIDRA), Court of International Commercial Arbitration, Romania, German Institution of Arbitration (DIS), the International Chamber of Commerce, JAMS, the London Court of International Arbitration, the Moot Alumni Association (MAA), the Singapore International Arbitration Centre, Swiss Arbitration Association (ASA), Swiss Chambers' Arbitration, the United Nations Commission on International Trade Law (UNCITRAL), and the University of Vienna Faculty of Law.

[edit] About Willem C. Vis

The Arbitration Moot is named after Willem Cornelis Vis (1924-1993), a world-recognized expert in international commercial transactions and dispute settlement procedures. Willem Vis was born in Utrecht in the Netherlands and read law, economics and philosophy at Leyden, Nijmegen, Strasbourg and Magdalen College, Oxford. He graduated from Leyden University and Nijmegen University in the Netherlands.

Professor 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).

Willem 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. He was Representative of the Netherlands to the UN Commission on International Trade Law and served as Chair of its Working Group on International Payments.

Professor Vis served on the faculty of Pace University School of Law from 1980 until his death in 1993. 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.

[edit] Structure of the Competition

The Vis Moot consists of two parts: The preparation of two written memoranda in support of the claimant's and subsequently the respondent's position, and the oral hearings in Vienna.

[edit] Preparation of the Memoranda

The written phase of the Vis Moot commences on the first Friday in October when the Moot Problem, comprised 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.

First, the students are facing the challenge to slip into the role of the attorneys representing the claimant. 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 of the Vis Moot is closed. Awards for the best memoranda in the Competition will not be presented to the teams before the last day of the oral arguments in Vienna. As opposed to other international mooting competition, 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.

[edit] Preparation for oral arguments

As popularity for the Vis Moot has continually grown, a number of schools now participate in sessions that provide Vis competitors the opportunity to practice the presentation of their argument, before ultimately traveling to Vienna for the actual Willem C. Vis Moot. In past years, law firms and universities throughout the United States and Europe have hosted pre-moots. Typical pre-moots will bring together anywhere between 4 to 12 schools to practice their arguments. The Dispute Resolution Society at Fordham University School of Law in New York City hosts an annual pre-moot. Fordham's 2008 pre-moot brought together 34 teams spanning universities from North America, South America, Asia and Europe - earning recognition as the largest Vis practice session in the world. In 2008, Practice Moots were also held in San Diego, California and Paris under the sponsorship of the University of San Diego and the ICC, respectively.

[edit] The oral arguments in Vienna

The oral arguments take place in Vienna, Austria. They begin every year on the Saturday a week prior to Easter and close with the finals on Thursday of Easter week.

While the oral arguments proper start on Saturday morning, 9 a.m. (for those ten teams who have caught the first "slot"), it is preceded by a welcoming event followed by a reception on the evening of Friday. Even earlier, on Thursday night, the Moot Alumni Association traditionally organizes 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) on Saturday through Tuesday.

Elimination rounds among the highest ranking teams take place on Tuesday night, Wednesday and Thursday, culminating in the final argument. The Moot closes with an awards banquet following the final argument.

[edit] Changing times, changing 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 (the Konzerthaus was apparently already booked), but it returned to the Konzerthaus in 2008.

From the 1st until the 3rd Vis Moot (1994-96), the oral hearings proper where 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. Since the 11th Moot in 2004, some of the hearings are held at the nearby offices of the law firm Dorda, Brugger & Jordis.

The location for the Finals 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) is has moved to the probably largest meeting room available in Vienna, at the Messe, where it is likely to remain.

The Awards Banquet following the Finals was held at the Piaristenkeller, 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.

[edit] The Dachgeschoss

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 (i.e. 7th floor) of the Juridicum in Vienna.

During the Moot week, 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.

[edit] Moot Problem

The arbitration clause in the contract, in the problem always provides that the dispute is to be decided by arbitration in "Vindobona, Danubia" under the institutional arbitration rules of one of the various arbitration institutions (like the ICC or the LCIA) which sponsors the moot.

Moot Year Arbitration Rules featured 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 (ICC)
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 (LCIA)
8th 2001 Rules of Arbitration of the International Chamber of Commerce (ICC)
9th 2002 International Arbitration Rules of the American Arbitration Association
10th 2003 Arbitration Rules of the German Institution of Arbitration (DIS)
11th 2004 Arbitration Rules of the Singapore International Arbitration Centre (SIAC)
12th 2005 Rules of Arbitration of the Chamber of Commerce and Industry of Geneva
13th 2006 Arbitration Rules of the Chicago International Dispute Resolution Association (CIDRA)
14th 2007 "International Arbitration Rules used in Bucharest"
15th 2008 JAMS International Arbitration Rules

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), always featuring in moot problems as the seat of arbitration. "Vindobona" is surmised to be a reference to Vienna's old Latin nomenclature, when it was the last outpost of the Roman Empire.

[edit] Awards

Four Awards are anually given in Willem C. Vis International Commercial Arbitration Moot: The Pieter Sanders Award, the Werner Melis Award, the Martin Domke Award and the Frédéric Eisemann Award, the latter being awarded to the best prevailing team in the oral rounds (the "Winner of the Moot").

[edit] Pieter Sanders Award

The Pieter Sanders Award is given for the Best Memorandum on behalf of the Claimant.

During the first three Moots, the Pieter Sanders Award was given for the Best Written Memoranda in support of the positions of Claimant and Respondent. (Subsequently, the Werner Melis Award was introduced as a separate award for the memorandum in support of the Respondent.)

The Award has been named after Professor Pieter Sanders (*1913), who is widely regarded as the "father" of modern international commercial arbitration.[2] He was one of the principal drafters of both the 1958 United Nations Convention on Recognition and Enforcement of Foreign Arbitral Award (the "New York Convention") and the 1976 UNCITRAL Arbitration Rules. Professor Sanders was also founder of the Law Faculty of Erasmus University Rotterdam (where he taught up to his retirement in 1981) and co-founder of the International Council for Commercial Arbitration (ICCA) and the Netherlands Arbitration Institute. In the Second Willem C. Vis International Commercial Arbitration Moot, held in Vienna in 1995, he served as one of the three arbitrators in the Finals.

Moot Year Winner of the Pieter Sanders Award
1st 1994 Albert Ludwigs University of Freiburg
2nd 1995 University of Basel
3rd 1996 University of Cologne
4th 1997 University of Copenhagen
5th 1998 University of Münster
6th 1999 University of Basel
7th 2000 Ruprecht Karls University of Heidelberg
8th 2001 Albert Ludwigs University of Freiburg
9th 2002 University of Queensland
10th 2003 University of Bonn
11th 2004 tie: Ruprecht Karls University of Heidelberg; University of Zurich
12th 2005 University of Copenhagen
13th 2006 tie: Columbia University; University of Munich
14th 2007 Albert Ludwigs University of Freiburg
15th 2008 University of California, Berkeley

[edit] Werner Melis Award

The Werner Melis Award is given for the Best Written Memorandum for Respondent. Unlike the three other awards in the Competition, this award did not exist during the first three Moots (1994-1996), but was only introduced in 1997. (During the first three Moots, the Pieter Sanders Award was given for the Best Written Memoranda in support of the positions of Claimant and Respondent.)

The Award has been named after DDr. Werner Melis (* 1935), President of the International Arbitral Centre of the Austrian Federal Economic Chamber (Vienna), Honorary Vice-President of International Council for Commercial Arbitration (ICCA) and a long-time supporter of the Vis Arbitration Moot. The award is traditionally presented by Dr. Melis himself during the awards banquet concluding each Vienna Arbitration Moot.

Moot Year Winner of the Werner Melis Award
1st 1994 -
2nd 1995 -
3rd 1996 -
4th 1997 Deakin University
5th 1998 University of Münster
6th 1999 University of Basel
7th 2000 Ruprecht Karls University of Heidelberg
8th 2001 University of Zagreb
9th 2002 University of Mainz
10th 2003 University of Cologne
11th 2004 National University of Singapore
12th 2005 Humboldt University of Berlin
13th 2006 University of Munich
14th 2007 Albert Ludwigs University of Freiburg
15th 2008 University of Heidelberg

[edit] Martin Domke Award

The Martin Domke Award is awarded to the Best Individual Oralist during the general rounds. This award for the general rounds of the Competition (i.e. the four oral hearings of each team on Saturday through Tuesday) will be won by the individual advocate with the highest average score during these rounds. To be eligible for this award a participant must have argued at least once for the claimant and once for the respondent.

The Award has been named after Martin Domke (1892-1980), Adjunct Professor of Law at New York University and a well-known scholar of international arbitration. Professor Domke was Vice President of the American Arbitration Association for 25 years and served as editor in chief of the Arbitration Journal. He also was the author of "Commercial Arbitration," published in 1965, and "The Law and Practice of Commercial Arbitration," published in 1968.

Moot Year Winner of the Martin Domke Award
1st 1994 Gregor Kirchhof, Albert Ludwigs University of Freiburg
2nd 1995 Chantal Niggemann, Albert Ludwigs University of Freiburg
3rd 1996 Kay-Jannes Wegner, University of Cologne
4th 1997 Camilla Andersen, University of Copenhagen
5th 1998 Biljana Dischlieva, Christian Albrechts University of Kiel
6th 1999 Carmen Klein, University of Cologne
7th 2000 Jan Stemplewitz, University of Münster
8th 2001 Trevor Stockinger, Loyola Law School of Los Angeles
9th 2002 tie: Marion Alice Jane Isobel, University of Queensland; Robina Kaye, University of Montpellier
10th 2003 tie: Andrew Molnar, Deakin University; Simun Soljo, University of New South Wales
11th 2004 Alexey Konovalov, Mari State University
12th 2005 tie: Charmaine Roberts, University of New South Wales; Anna-Maria Tamminen, University of Vienna
13th 2006 Sonu Dhanju, Osgoode Hall Law School
14th 2007 Steven Wayne Hopkins, Southern Methodist University
15th 2008 Lennart Beckhaus, University of Münster

[edit] Frédéric Eisemann Award

The winner of the oral rounds at Vienna is awarded the Frédéric Eisemann Award for the best prevailing team in the oral rounds. It is the most prestigious award in the Competition (designating the "Winner of the Moot").

The Award has been named after Frédéric Eisemann, the highly respected former Secretary General of the International Court of Arbitration of the International Chamber of Commerce.

Moot Year Winner of the Frédéric Eisemann Award
1st 1994 Columbia University
2nd 1995 Albert Ludwigs University of Freiburg
3rd 1996 Cornell University
4th 1997 University of Queensland
5th 1998 University of Münster
6th 1999 Deakin University
7th 2000 University of Queensland
8th 2001 Monash University
9th 2002 National University of Singapore
10th 2003 National University of Juridical Sciences, Kolkata
11th 2004 Osgoode Hall Law School
12th 2005 Stetson University
13th 2006 Queen Mary, University of London
14th 2007 Albert Ludwigs University of Freiburg
15th 2008 Carlos III University (Madrid)

[edit] Prestige

The Vis Arbitral Moot in Vienna is considered one of the most prestigious moot court competitions in the world. The above list of sponsoring organizations coupled with the fact that the foremost scholars in the field of international sales law and international arbitration come to Vienna to act as arbitrators and judge the various teams in different stages of the competition clearly establish the high standing of this competition in the academic world. In fact, this competition has been referred to as the olympics of international trade law.[3] It draws participation from many law schools from all over the world. In 2007 exactly 177 teams took part in the competition, whereas in 2008 even 204 teams participated. In most law schools, being selected as a team member is in itself a sign of excellence.

[edit] Cultural Phenomenon

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 while 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 situated in the Bermudadreieck, the Bermuda triangle, 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. In August 2006, however, the owner of the Ma Pitom closed the bar and sold the place (it now hosts a restaurant called "Collina"), so an era of Moot partying had come to an end. The 14th Vis Moot 2007 subsequently saw a new venue, the Aux Gazelles in the Museumsquartier.

The backdrop of the beautiful city of Vienna also gives participating students the opportunity to explore the rich European history and famous sights of Vienna.

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" and (as an encore) the "Mootie Blues". 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").

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). "Omnia vincit amor" ("love conquers all")!

[edit] Vis Moot (East), Hong Kong

Vis (East) Moot, Hong Kong
Vis (East) Moot, Hong Kong

The Annual Willem C. Vis (East) International Commercial Arbitration Moot[4] is a sister moot to the Willem C. Vis International Commercial Arbitration Moot.

[edit] About the Vis Moot (East)

The Vis Moot (East) annually takes place in Hong Kong. Its principal sponsor is the Chartered Institute of Arbitrators (East Asia Branch). The Vis Moot (East) uses the same Problem and the rules are essentially the same as the Moot that takes place in Vienna. Nevertheless, they are two separate moots with separate registration, including registration fee, and separate winners - the Hong Kong Moot is not a regional elimination moot for the Vienna Moot. A law school can register for the Hong Kong Moot, the Vienna Moot or both. While the same students can be on both teams, a given student cannot argue in both the Hong Kong and the Vienna Moot in the same year.

The local organization of the Vis Moot (East) lies in the hands of Louise Barrington, formerly a Professor of Law at Chinese University of Hong Kong (from 2004-06, she was teaching at City University Hong Kong and the Moot was held there).

The Vis Moot (East) is much younger that the "original" Vis Moot in Vienna (while the Vis Moot was for the first time held in 1994, the 1st Vis Moot (East) only took place in 2004), and much smaller (in 2006, 154 teams from 49 countries participated in the 13th Vis Moot in Vienna, and 32 teams from 9 countries in the 3rd Vis Moot (East) in Hong Kong). Both competitions grow every year.

[edit] Awards in the Vis Moot (East)

[edit] Eric Bergsten Award

The Eric Bergsten Award is given for the Best Claimant’s Memorandum.

Year Winner of the Eric Bergsten Award
2004 University of Munich
2005 University of Houston Law Center
2006 University of Munich
2007 Fordham University School of Law
2008 Albert Ludwigs University of Freiburg

[edit] Fali Nariman Award

The Fali Nariman Award is given for the Best Respondent’s Memorandum.

Year Winner of the Fali Nariman Award
2004 Loyola University Chicago
2005 University of Munich
2006 University of Munich
2007 University of Victoria, British Columbia
2008 Hofstra University School of Law

[edit] Neil Kaplan Award

The Neil Kaplan Award is given for the Best Oralist during the General Rounds.

Year Winner of the Neil Kaplan Award
2004 Ipsita Dutta, National University of Juridical Sciences, Kolkata
2005 Joanne Berenger, Deakin University
2006 Lily Lu, Loyola Law School Los Angeles
2007 Daniel J. Weiner, Fordham University School of Law
2008 Gautam Sood, Loyola Law School Los Angeles

[edit] David Hunter Award

The David Hunter Award is bestowed on the Law School Team Prevailing in the Oral Arguments (the "Winner of the Moot").

Year Winner of the David Hunter Award
2004 Tsinghua University
2005 National University of Juridical Sciences, Kolkata
2006 Loyola Law School Los Angeles
2007 Pepperdine University School of Law
2008 Griffith University

[edit] Upcoming Moot

The 6th Willem C. Vis (East) International Commercial Arbitration Moot will be held in Hong Kong on 23-29 March 2009.

Subsequently, the 16th Willem C. Vis International Commercial Arbitration Moot will be held in Vienna on 3-9 April 2009.

[edit] References

  1. ^ Willem C. Vis International Commercial Arbitration Moot
  2. ^ See B.E. Shipman, "Professor Pieter Sanders", International Law FORUM du droit international (2000), 41-44
  3. ^ BBC - h2g2 - The Willem C Vis International Commercial Arbitration Moot
  4. ^ The Annual Willem C. Vis (East) International Commercial Arbitration Moot

[edit] Further Reading about the Willem C. Vis International Commercial Arbitration Moot

[edit] See also

[edit] External links