Foreword

Preface

Chapter 1 - The History and Purpose of the Moot

I. History of the Moot

A. The Idea

B. The First Year

C. Subsequent Growth

1. Teams

2. Arbitrators

3. Moot Alumni Association

4. Sponsorship

5. Associated Events

6. A Sister Moot is Launched

7. Venues Over the Years

II. The Purpose of the Moot

A. The Underlying Philosophy

1. The Moot is an Educational Program and Not Primarily a Competition

2. Implementing the Philosophy

B. Developing Advocacy Skills

1. Learning to Analyze the Facts from the Problem and the Clarifications

2. Understanding That There Are Two Sides to Every Dispute

3. Becoming an Advocate in the world of International Arbitration

4. Gaining Facility with the English Language

5. Working Together as a Team

C. Understanding the CISG and the Law of International Sales and Arbitration

1. Promoting Awareness of the CISG and International Sales Law

2. Understanding the Differences in the Law of Sales in Different Countries

3. Learning About the Practice of Arbitration

Chapter 2 - The Case and How it is Changing International Commercial Law

I. The Problem

A. Typical Case

1. Overview

2. The Case File

3. An Example: The Eighth Moot

B. The Arbitration Issues

1. Typical Arbitration Issues

2. Arbitration Issues in the Eighth Moot

C. The Commercial Law Issues

1. Typical Commercial Law Issues

2. Commercial Law Issues in the Eighth Moot

II. Fostering Scholarship in International Commercial Law

A. The Pace Website

1. The Annotated Texts

2. An Example: Article 74

3. The Queen Mary Translation Project

III. Cooperation with UNCITRAL

A. UNCITRALs Mandate

B. UNCITRAL's Operations

C. UNCITRAL's Projects

1. CLOUT

2. UNCITRAL Digests of Case Law

3. The MAA Abstract Project

Chapter 3 - The Road to Vindabona: Preparing for the Moot

I. The Best Way to Prepare for the Moot

II. Selecting the Team and Setting the Preparation Schedule

III. Researching the Case

A. Developing a General Understanding of the Law

1. Understanding the CISG

2. Understanding the Law of Arbitration

B. Research Strategies: Putting it Together

C. Requests for Clarifications: Using the Rules to Your Advantage

IV. Writing the Memoranda

A. Organizing Your Argument

B. Consulting the Rules

C. Testing Your Argument

V. Preparing for the Oral Argument

A. Outlining your Submissions for the Tribunal

B. The Rules on Oral Argument

C.Practice, Practice, Practice

D. Opportunities for Cooperation in Preparing for the Oral Rounds

VI. Putting it all Together

Chapter 4 - The View from the Dachgeshoss

I. Staying in Vienna

A. Getting In

B. Where to Stay

C. Getting Around

D. The Dachgeshoss

II. Official Events

A. Welcome Party and Official Reception

B. The General Rounds

C. The Announcement of the Finalists

D. The Elimination Rounds

E. The Final Round, Banquet and Awards Ceremony

III. A Typical Round

A. The Room

B. The Panel

C. The Timing and Sequence of Pleadings

D. The Elimination Rounds - Parings and Procedure

Chapter 5 - Vienna in Springtime

I. Introduction

II. Mooties Just Want to Have Fun

A. The MMA Welcome Party

B. Ma Pitom Goes Aux Gazelles

C. The Seder

D. The Big Band

E. The Closing Party

III. The Place to Be for Arbitrators

A. Introduction

1. The Lawyers Annual Gathering of Arbitrators

2. Why Do They Come? It's for the Students, Of Course

3. Why Do They Come? The Special Atmosphere for Arbitrators

B. Ingredients of the Special Atmosphere for Arbitrators

1. The Heurigen

2. Luncheons ... Receptions, Receptions, Receptions ... and More

3. Conferences and Symposia

C. The Arbitrators' Thank You

IV. Vienna Waits For You

A. The Music and Theatre

B. The Art, Architecture and Museum

C. The Palaces

D. The Coffee Houses and Food

E. Best Kept Secrets

Chapter 6 - Go East, Young Arbitrator!

I. The Birth of Vis East

II. How Does the Vis East Operate?

III. Challenges and Rewards of the Vis in the East

IV. Coping with Cultural, Language and Legal System Diversities

V. Approaching Vis East 5: Where We Stand Now

VI. Who Are the Vis East Alumni?

VII. Where Are We Heading? The Future

Chapter 7 - Winning the Moot: What do Arbitrators Want?

I. What do Arbitrators Want?

II. Pierre A. Karrer

A. The Most Effective Approach

B. The Greatest Challenge

C. The Most Important Lesson

III. Hew R. Dundas

A. The Most Effective Approach

B. The Greatest Challenge

C. The Most Important Lesson

IV. Lawrence W. Newman

A. The Most Effective Approach

B. The Greatest Challenge

C. The Most Important Lesson

Chapter 8 - Life After the Moot

I. Saying Auf Wiedersehen

II. The MAA

A. The History and Purpose of the MAA

B. Generations in Arbitration

C. The Vindobona Journal of International Commercial Law and Arbitration

D. Scholarly Projects of the MAA

1. Taming the Dragon Programme

2. CLOUT Abstract Project

3. The VisNet

III. Your Career in International Arbitration

A. Develop your Skills, Continue Your Education

B. Keep your Eyes Open to all Fields of Law

C. Improve your Languages

D. Do Internships

E. Get to Know People

F. Publish

G.Get Involved in Associations

H. Dare to Be Different

IV. Profiles of Moot Alumni

The Authors

VisSpeak: A Glossary of Vis Moot Terms

Awards

First Moot (1993-1994)

Second Moot (1994-1995)

Third Moot (1995-1996)

Fourth Moot (1996-1997

Fifth Moot (1997-1998)

Sixth Moot (1998-1999)

Seventh Moot (1999-2000)

Eighth Moot (2000-2001)

Ninth Moot (2001-2002)

Tenth Moot (2002-2003)

Eleventh Moot (2003-2004)

Twelfth Moot (2004-2005)

Thirteenth Moot (2005-2006)

Fourteenth Moot (2006-2007) 

Vis Photo Gallery - DVD

About the Editor:
Professor Janet Walker teaches Conflict of Laws and International Commercial Arbitration at Osgoode Hall Law School, and she has taught Conflicts at Wuhan and Xi’an, at Monash, Haifa, Toronto and, since 2001, each year at Tunis II. This spring she was a Global Visiting Professor at NYU. Janet joined the Vis as a coach and arbitrator in the Ninth Moot. She has served on several ICC Tribunals and she is a member of the ICC Canadian Panel, the ICDR Panel, and Arbitralwomen. 

About the Contributors:
Eric E. Bergsten is Professor of Law Emeritus at Pace Law School. He has been a member of the law faculty at the University of Iowa, Northwestern University and Fordham University. He has received degrees from Northwestern University and Georgetown University, his law degree from the University of Michigan and a Doctor of Comparative Law from the University of Chicago.

Loukas Mistelis is the Clive M. Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration, at the Centre for Commercial Law Studies, Queen Mary, University of London. He acts as arbitrator, expert counsel in international commercial and investment disputes, including under ICC, LCIA and ICSID or UNCITRAL Rules. He is also Secretary of the CISG-Advisory Council.

Professor Albert H. Kritzer has been a member of the New York Bar since 1952. He practiced law with Donovan, Leisure, Newton & Irvine and progressed from there to the General Electric Company where he served as GE's International Sales Counsel.

Corinne Montineri is a Legal Officer in the International Trade Law Division of the United Nations Office of Legal Affairs, the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL). Her main field of activity relates to arbitration. She is servicing the sessions of Working Group II (Arbitration and Conciliation).

Ronald A. Brand is Professor of Law and Director of the Center for International Legal Education at the University of Pittsburgh School of Law. He teaches International Business Transactions, International Trade Law, Transnational Litigation, and Introduction to American Law. His books include Fundamentals of International Business Transactions and International Civil Dispute Resolution. He was a member of the U.S. Delegation to the The Hague Conference on Private International Law for the negotiation of the 2005 Convention on Choice of Court Agreements.

Pilar Perales is Professor of Commercial Law at University of La Rioja. She is formerly a Professor at the University Carlos III of Madrid where she was the coach of the Willem Vis International Commercial Arbitration Moot team from 1998-2007. She is the Spanish delegate at UNCITRAL, and representative of the NLCIFT at the Working Group for the preparation of the 3rd edition of the UNIDROIT Principles.

Christopher Kee has been a full time member of the Law School at Deakin University, Australia since 2004; although currently at the Law Faculty University of Basel, Switzerland. Prior to joining academia Christopher practiced law in Australia for a number of years. His book The Art of Argument - A Guide to Mooting has been sold worldwide to great acclaim, and he is regularly invited to give short courses on advocacy.

Mustaqeem Da Gama teaches law at the University of Stellenbosch. He publishes in the areas of international contracts (CISG), economic law and WTO law. He serves as director on several company boards and is active as a business and trade consultant. His duties as coach of the Stellenbosch Vis moot team equipped him to become a formidable tour guide, cook, chemist and psychologist.

Jeffrey Waincymer is a Professor of International Trade Law at the Faculty of Law, Monash University in Melbourne, Australia and before that was at Deakin University. He has coached Vis teams for these universities since the inception of the moot. Professor Waincymer is also a qualified practitioner. He is an Australian Government Nominee as a non-governmental panellist for the WTO and has acted as a panellist. He is also a nominated ICSID panellist and has been an ICC appointed arbitrator. Jeff is also Co-convenor of the International Trade and Business Interest Group of the Law Council of Australia.

Barry Leon is a Partner at Torys LLP (Toronto). He practises arbitration and other commercial dispute resolution and he writes and speaks extensively on international arbitration. His activities include ILA (Co-chair, 72nd Biennial Conference; Arbitration Committee; Canadian Branch VP/director), ICC (Arbitration Commission; Executive, Canadian National Committee), ICDR (Panel; Canadian Advisory Committee), CPR (Arbitration Committee; Diversity Task Force), CEDR Commission on Settlement in International Arbitration.

Louise Barrington trained as a lawyer in Ontario and did graduate work in France where she discovered international arbitration. Her career includes teaching at law schools around the world, private practice, in-house and management posts, as well as nearly a decade with the ICC in Paris and in Hong Kong. She is an accredited mediator and has sat as arbitrator on a wide variety of cases.

Glenn Haley practises as a lawyer with the law firm of Deacons in Hong Kong. Glenn was the Branch Chairman of the East Asia Branch of the Chartered Institute of Arbitrators for the past three years. His practice concentrates mainly on construction, engineering and major projects throughout the Asia Pacific Region. He has more than 20 years experience in dispute resolution throughout the region. His experience includes all forms of dispute resolution including arbitration, mediation, litigation and adjudication.

Dr. Pierre A. Karrer practises as a full-time arbitrator from his “boutique” premises. He has been chairman and arbitrator in well over 250 international commercial arbitrations all over the world. He is Honorary President of the Swiss Arbitration Association, Court Member of ICC, Vice President of the Stockholm Institute, former Vice President of the LCIA, FCIArb, and listed arbitrator everywhere. After studies in Zurich, Göttingen, Padova, and The Hague, he obtained a Dr. iur from the University of Zurich, and an LL.M. from Yale. He speaks fluent English, French, German and Italian.

Hew R. Dundas spent nearly 25 years in the O&G industry, latterly Head of Legal at a substantial oil company, before becoming a full-time International Arbitrator, Mediator and Expert Determiner. He is a Panel Arbitrator in 12 jurisdictions including the PRC, Singapore, India and the USA and is a member of all leading arbitral institutions. He co-drafted the Arbitration (Scotland) Bill 2002 and he lectures on International Dispute Resolution Law at the world-renowned CEPMLP.

Lawrence W. Newman is a partner in the New York office of Baker & McKenzie. He has participated in various types of international arbitration matters as advocate and arbitrator for many years. He has been the co-author since 1982 of a column in the New York Law Journal on “International Litigation” and he is the co-editor of “The Leading Arbitrators’ Guide to International Arbitration” and “Checklists on International Arbitration.”

Christian P. Alberti is the Solutions Manager of the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA), New York. Prior to joining the ICDR, Christian headed the Italian Desk of a mid-size law firm in Germany. He is the current President of the MAA and represents the MAA as its NGO delegate at the UNCITRAL Working Group on Arbitration sessions.

Matthew Secomb is a member of White & Case's International Arbitration Group based in Paris. Prior to joining White & Case, Matthew worked as counsel at the ICC International Court of Arbitration. He is a member of the ICC Commission on Arbitration. Matthew speaks English and French.

 "The Vis Moot is a gateway to the world of international arbitration and this book is the key. What you learn at the Vis you will not need to learn in practice...."

-Professor Hans van Houtte, Institute for International Trade Law, Leuven

"The Vis Moot is a remarkable institution, now attracting participants from almost 200 law schools in over sixty countries. This is globalization at its best - and this book is sure to be a best seller."

-Professor Emeritus Jacob Ziegel, University of Toronto

"I have attended the event each year since 1996. For me, it has become totally addictive. The first thing I do when my pocket calendar for each year reaches me is to cross out firmly in bold black ink the week ...so as to ensure that nothing can stand in the way of my participation. This book tells you why."

-Professor J. Martin Hunter, Essex Court Chambers