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Outstanding Performances in Vis (East) Arbitration Moot

The Chartered Institute of Arbitrators (CIArb) is pleased to record its congratulations to the 300+ students from 46 law schools from 14 jurisdictions who participated in the recent 4th Willem C Vis (East) Moot in Hong Kong from 19th to 25th March 2007, organised and sponsored by the CIArb's East Asia Branch. The overall standard was very high and the standard of the leading teams exceptional. Participants came from Hong Kong, the PRC, Indonesia, Thailand, India, Spain, Brazil, Australia, Germany and the USA among others.

The goal of the Vis Arbitral 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.

Prior to the Moot's oral stages, students work on a case study (derived from a real case) for several months, submitting separate Memoranda for Claimant and Respondent; these Memoranda are evaluated by an international panel of leading arbitrators, arbitration lawyers and academics. The case study is based on the UN Convention on the International Sale of Goods (CISG) and the ensuing arbitration takes place in a fictitious country subject to the UNCITRAL Model Law. The 2007 case study involved complex and subtle issues of jurisdiction of the tribunal, breach of contract and mitigation of damages.

In the Vis (East) Moot's oral stages, each team argues the case before an international panel of arbitrators, arguing twice as Claimant and twice as Respondent; the eight best teams then proceed to a knock-out contest, with the final Hearing taking place before a very high calibre tribunal, in the presence of an audience of several hundred. The arbitration hearings are designed to reflect real-world arbitration proceedings as far as possible.

All proceedings, written and oral, are in English. The Moot's focus is on participation and on the students; Professor Gabrielle Kaufmann-Kohler, former President of the Swiss Arbitration Association and a member of the Panel in this year's final in Hong Kong, has said:

"The Moot is an event of major importance. It is the place where the next arbitration generation is being raised and moulded - a place where you find the future practitioners, possibly even the stars of tomorrow. It is also a place where a true transnational culture of arbitration is being developed."

In Hong Kong, Pepperdine University (California) defeated Monash University (Melbourne) in a closely-contested final of very high quality; the award for best individual Oralist was won by Daniel Weiner (Fordham University, USA), that for best Claimant Memorandum by Fordham University and that for best Respondent Memorandum by the University of Victoria (British Columbia).

The 'big sister' Moot in Vienna will shortly commence its 14th annual event with 178 teams from 51 countries. The creators of this extraordinary event were Professor Eric Bergsten and his colleagues at Pace University (White Plains, New York) where Willem C Vis taught; Professor Bergsten is a former Secretary-General of UNCITRAL and remains Director of the principal Moot; the Vis (East) Moot is directed by Professor Louise Barrington of the Chinese University of Hong Kong.

The CIArb is very proud to be the principal sponsor of the Vis (East) Moot (through its East Asia Branch whose members contribute a great deal of time and effort to ensuring that the event is a success) and to be a sponsor of the Vienna Moot; the importance the CIArb attaches to the event is shown by its President, Hew R Dundas, arbitrating at both Moots and its Immediate Past President, Colin J Wall, arbitrating in Hong Kong, in both venues together with many other senior members of the CIArb.

 

Commenting, Hew Dundas said
"It is one of the highlights of my professional year to attend these two Moots and experience at first hand the outstanding achievements of the participating students, not only the award-winners but also non-native English-speaking teams and those competing for the first time. The CIArb is indeed privileged to be associated with and to have contributed to such a truly inspiring event."

 

Commenting, Louise Barrington said:
"I am delighted by the superb quality of the students this year and know how hard and long they have laboured to achieve it. I am also excited about the idea floated at this year's Moot to establish an infrastructure for sharing Moot expertise with students from countries that have hitherto lacked the resources and expertise to participate in the Vis Moot."

 

Press Contact:

Noreen Shah
E nshah@arbitrators.org
T +44 (0)20 7421 7434
W www.arbitrators.org


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