Postgraduate Course: Willem Vis International Commercial Arbitration Moot (LLM) (LAWS11312)
Course Outline
School | School of Law |
College | College of Humanities and Social Science |
Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Availability | Available to all students |
SCQF Credits | 40 |
ECTS Credits | 20 |
Summary | Students will be participating in the Willem Vis international commercial arbitration moot, which is a mock trial of arbitration proceedings with written memoranda for claimant and respondent and oral hearings in front of an arbitral tribunal. Participation in the Moot and the Vis Moot course, where teaching will be driven by student-led research, will strongly support the development of students as independent learners and will enhance their practical skills in addition to the attainment of a high level of academic subject matter knowledge. The teaching and learning approach of the course is student centred: Students will be introduced to the subject areas of international commercial arbitration and international sales law before being tasked to work on the moot problem scenario, undertaking research and drafting team notes and parts of the memoranda. Students will be supported by means of seminars in which students will be given guidance and feedback on their performance in preparation for the moot.
Students will be learning how to represent a client in international commercial arbitration, both with written statements and orally in the hearing. The scenario is developed by the moot organisers and posted on the website of the Willem Vis International Commercial Arbitration Moot in early October every year and oral arguments take place in Vienna during the week before Easter. All teams that enter are invited to plead their case in Vienna.
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Course description |
The course will centre on the participation on the Willem Vis international commercial arbitration moot. The moot uses a case scenario with procedural aspects of international commercial arbitration and international sales law as substantive law. The moot problem usually also touches on aspects of international private law and international law.
The work involved in the Moot is very high: The scenario is developed by the moot organisers and posted on the website of the Willem Vis International Commercial Arbitration Moot in early October every year and oral arguments take place in Vienna during the week before Easter. All teams are invited to plead their case in Vienna.
The preparatory work consists of writing 2 memoranda, one for claimant and one for respondent, each 35 pages in main text (approx. 13,000 -15,000 words each) plus many appendices, based on a case-file of around 55-70 pages and complex legal issues concerning typically the CISG (the UN Convention on Contract for the International of Sale of Goods 1980) and UNCITRAL Model Law, New York convention of 1958 and Institutional Arbitration Rules of a selected Arbitration Institution (the latter change every year). At the Moot Venue in Vienna, students need to plead the case at 4 separate sessions, twice for claimant and twice for respondent, with 2 students each (divided into procedural and substantive submissions) for each session. Thereafter scores are collated and only the best 64 team move to the elimination rounds of pleadings.
The moot rules allow for coaching, guidance and feedback to be given as long as the research is student lead and the memoranda are fully written by the students themselves. The course will thus support the students in undertaking their tasks by means of seminars where students will be given guidance and feedback on their performance in preparation of the moot. Students will be introduced to the subject areas of international commercial arbitration and international sales law before being tasked to work on the moot problem scenario. As part of the course and the moot, students will be learning how to represent a client in international commercial arbitration, both in written statements and orally in the hearing.
Based on the extensive timeframe over both semesters a 40 credit course seems appropriate to take account of the work load, the development of understanding in two major areas of law and the practical learning that takes place.
Seminar Teaching:
There will be weekly seminars starting in September conducted by full time members of staff (David Holloway, Simone Lamont-Black) and/or a PhD student coach (currently Neil Dowers). The teaching and coaching as suggested for the Vis Moot course is permitted under the Willem Vis Moot Rules. The relevant part of the Rules (for the 20th Moot), available at http://cisgw3.law.pace.edu/cisg/moot/rules20.pdf, are quoted below with added emphasis:
VI. Assistance
75. Written Memoranda. Although the students should do all the research and writing of the memoranda themselves - without assistance from anyone who is not a student member of the team - faculty advisors, coaches and others may help identify the issues, comment on the persuasiveness of the arguments the students have made in drafts and, when necessary, suggest other arguments the students might consider employing.
However, the final product must be that of the students - not their advisors. A certificate by the person whose name appears on the registration form stating that no person other than a student team member has participated in the writing of the memorandum must be submitted by e-mail at the time the memorandum is submitted.
76. Oral Hearings. There is no restriction on the amount of coaching that a team may receive in preparation for the oral hearings. It is expected and encouraged that teams will have practice arguments, whether against other members of the team or against other teams that will participate in the Moot. Many pre-Moot events are scheduled throughout the world. Teams are encouraged to participate in one or more of them, if they find it feasible to do so. The only restriction is that no team should have a practice argument against a team it is scheduled to meet in either the Vienna or Hong Kong Moot.
This allows for seminar teaching in general, teaching of the subject matter in general, but also moot problem specific seminars as long as the research is student lead. After introductory seminars, the emphasis will be on student presentations and the obtaining of feedback from the group and coaches. Research will be student-led: no seminar reading lists will be provided for seminars once the moot problem has become live in early October. Students will be required to undertake detailed legal research and to present their findings orally and in writing to the group, coaches and occasionally to outside observers from the legal profession.
Provisional Seminars Sessions:
Semester 1:
Preparation: (3 sessions in advance of moot problem becoming available)
1. Intro to course and assessment
Fundamentals in International Commercial Arbitration; identifying relevant research resources
2. Fundamentals in International Sales Law; identifying relevant research resources
3. Writing successful memoranda; analysis of past drafts
Writing the Memoranda:
4. Moot Scenario ¿ general discussion of issues of moot problem; organisation in general; splitting of themes ¿ procedure and substance and subcategories for each; assignment of team members to issues (ideally in pairs)
5. Case-analysis ¿ presentation of issues (legal and factual) and general research by each sub-group to the full team; identification of questions for clarification
6. Case-analysis ¿ individual coaching meetings with sub-groups; presentation of further detailed research outcomes of respective issues for claimant and respondent: presentation of relevant key arguments, appropriately structured, explaining and linking relevant facts and supporting authority
7. Case analysis ¿ whole group meeting; sub-groups present their research and structure with detailed arguments for claimant and respondent and respective counterarguments to the full group (and possibly any guests) for discussion and critique
8. Drafting stage, whole group: presentation by sub-teams of their preliminary drafts for each part followed by discussion & critique within whole group - agree structure for full memorandum
9. Finalising Memorandum for Claimant ¿ whole group lead by sub-teams and their detailed and improved drafts on each issue
10. Finalising Memorandum for Claimant ¿ whole group
Thereafter further group meetings to complete and finalise Claimant¿s Memorandum
Semester 2:
11. Memorandum for Respondent ¿ responding to Claimant¿s Memorandum; sub-teams taking lead presenting their drafts
12. Memorandum for Respondent ¿ full group pulling together full Memorandum
Thereafter further group meetings to complete and finalise Respondent¿s Memorandum
Preparing for Pleadings:
13. Advocacy ¿ structuring arguments
14. Advocacy ¿ anticipating and responding; practical
15. Written Argument ¿ skeleton argument ¿ briefs; making it work for you
16. Advocacy do¿s and don¿ts - tips for oral presentations
17. Full Practice Pleadings - Innovative Learning Week or other
18. Full Practice Pleadings - Edinburgh Pre-Moot
19. Individual Practice Pleadings - in house
20. Full Practice Pleadings ¿ other pre-moots or in house with practitioner feedback
Thereafter Pleadings for Oral Assessment and Pleadings at Moot Venue.
The coaching and advocacy training can be undertaken by the staff as suggested: David Holloway is a practising barrister and a Member of the Chartered Institute of Arbitrators. In particular, he has argued numerous cases before international arbitral tribunals (including cases conducted under UNCITRAL, ICC and LCIA, LMAA Rules and ad hoc arbitrations). Simone Lamont-Black used to practice law in Germany as Rechtsanwältin (solicitor/barrister), which included weekly representation of clients in court, whether in civil or criminal cases. Both members of staff have participated many years as Vis Moot arbitrators. Neil Dowers has participated in the Moot as student before becoming involved in the coaching of teams and acting as moot arbitrator.
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Entry Requirements (not applicable to Visiting Students)
Pre-requisites |
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Co-requisites | |
Prohibited Combinations | |
Other requirements | None |
Additional Costs | N/A |
Information for Visiting Students
Pre-requisites | None |
Course Delivery Information
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Academic year 2014/15, Available to all students (SV1)
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Quota: 8 |
Course Start |
Full Year |
Timetable |
Timetable |
Learning and Teaching activities (Further Info) |
Total Hours:
400
(
Seminar/Tutorial Hours 40,
Programme Level Learning and Teaching Hours 8,
Directed Learning and Independent Learning Hours
352 )
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Assessment (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
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Additional Information (Assessment) |
Assessment information:
Assessment of Vis Moot course:
1. 50% Memoranda Elements consisting of:
a. Personal contribution in writing on assigned memoranda issue/part (25%)
b. Team draft (25%)
2. 30% Advocacy Element ¿ consisting of written outline and oral presentation assessed holistically
3. 20% Reflective Commentary/Personal Development File: based on a diary with personal reflections of learning and progress, interaction with others, teamwork, issues arising, problem solving
Marking scheme to be employed:
Students are assessed against the following assessment criteria:
The students must:
- Identify issues which are central to the moot including the handling of complex material at the forefront of this specialist field of study;
- Conduct research at an appropriate level including analysing and citing appropriate sources thoroughly;
- Critically analyse and evaluate research findings;
- Demonstrate accurate knowledge and understanding of the legal principles applicable to the moot including a high level of conceptual understanding and awareness of current problems;
- Demonstrate clarity of expression in written and oral submissions;
- Structure the submissions appropriately with clear logical arguments and conclusions;
- Reflect at an appropriate level as to the preparation and performance of the moot;
- Show an ability to work individually and as part of a team.
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Feedback |
Not entered |
No Exam Information |
Learning Outcomes
By the end of this course students will be able to:
1. Demonstrate a high level of conceptual understanding of aspects of International Commercial Arbitration and International Sale of Goods as relevant to the Moot problem posted on the Moot website in October of the relevant year.
2. Develop an understanding of how contemporary issues in international trade law/sales law arise and are resolved in practice.
3. Gain an understanding of how international commercial arbitration works in practice and of the interaction between procedural and substantive law in practice.
4. Critically analyse and evaluate aspects of the UNCITRAL Model Law on International Commercial Arbitration and the United National Convention on Contracts for the International Sale of Goods 1980 (CISG).
5. Appropriately research this specialist area of law and procedure so as to produce parts of the written memoranda on an individual basis.
6. Work collaboratively with team mates to produce whole and consistent written memoranda as part of a team.
7. Develop the ability to think creatively and strategically and to question and test legal argument.
8. Select and apply relevant legal international rules to provide solutions to complex legal problems in a practical setting, and which engage knowledge at the forefront of this field of study.
9. Plead parts of the position of both parties, claimant and respondent, individually, thus enhancing skills in both written and oral advocacy:
a. In relation to the preparation of the written memorandum students will learn to develop structured written legal argument.
b. In relation to the oral pleading stage students will develop skills of oral advocacy including presentation skills and anticipating and dealing with questions, interacting with opponents and Tribunal in an appropriate and mature manner.
c. By pleading both sides of the case they will develop the ability to look at both sides of an argument and to test a legal argument against complicated facts.
10. To understand how the boundaries of legal knowledge are advanced through research, demonstrating the ability to understand and use of a wide range of international legal sources which are of relevance to the case, including international conventions, case law, statutes, arbitral rules and soft law instruments.
11. To act with a high degree of autonomy in planning and implementing solutions to the moot problem.
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Reading List
Mooting
- Garner, B. A., The winning brief: 100 tips for persuasive briefing in trial and appellate courts, 2nd edn, Oxford: Oxford University Press, 2004
- Kee, Ch., The Art of Argument: A Guide to Mooting, Cambridge University Press, New York, 2007
- Kroell, S., Mistellis, L.A., Perales Viscasillas, P., and Rogers, V. (eds.), International arbitration and international commercial law : synergy, convergence, and evolution - Liber Amicorum Eric Bergsten, Kluwer Law International, The Hague, 2011
- Walker, J., The Vis Book, A participant¿s Guide to the Willem c. Vis International Commercial Arbitration Moot, Juris Publishing Inc, Huntington, New York, 2008
- Pope, D., Hill, D., Mooting and Advocacy Skills, Sweet & Maxwell, London, 2007
Subject matter
International Sales Law
- Felemegas, J. (ed.), An international approach to the interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as uniform sales law, Cambridge University Press, Cambridge, 2007
- Honnold, J.O., Uniform law for international sales under the 1980 United Nations convention, 4th edn., Kluwer Law International, The Hague, 2009
- Schwenzer, I., Fountaulakis, C., International Sales Law, 2nd edition, Hart Publishing, Oxford, 2012
- Schlechtriem, P., Schwenzer, I., Commentary on the UN Convention on the International Sale of Goods (CISG), 3rd edition, OUP, Oxford, 2010
- Schlechtriem, P., Butler, P., UN law on international sales : the UN Convention on the International Sale of Goods, Springer, London, 2009
International Arbitration:
- Binder, P., International commercial arbitration and conciliation in UNCITRAL model law jurisdictions (3rd ed., Sweet & Maxwell: London, 2010)
- Born, G., International Commercial Arbitration (2nd ed., Wolters Kluwer, 2009, available via KluwerArbitration law http://www.kluwerarbitration.com)
- Case Law on UNCITRAL Texts (CLOUT): http://www.uncitral.org/uncitral/en/case_law.html.
- Gaillard, E. and Savage, J., Fouchard, Gaillard, Goldman on International Commercial Arbitration (Kluwer, 1999),
- Holzmann, Neuhaus, A guide to the Uncitral Model Law on International Commercial Arbitration, Kluwer 1989
- ICCA Congress Series/International Arbitration Congress Series
- Kluwer Arbitration database ¿ access via Law School, Legal Research Resources
- Lew, J., Mistelis, L. and Kröll, S., Comparative International Commercial Arbitration (Kluwer, 2003)
- Park, W., Arbitration of International Business Disputes: Studies in Law & Practice (OUP: Oxford, 2006)
- Poudret, J-F., Besson, S., Comparative Law of International Arbitration (2nd ed, Sweet & Maxwell: London, 2007)
- Redfern A., Hunter, M., Law and Practice of International Commercial Arbitration, 5th edition student version, Sweet & Maxwell, London, 2009
- Sutton, D., Gill, J., Russell on Arbitration, (23rd ed., Sweet & Maxwell, London 2007)
- Tweedale, A. and Tweedale, K., Arbitration of Commercial Disputes: International and English Law and Practice (student ed, OUP: Oxford, 2007)
- Webster, Thomas H., Handbook of UNCITRAL arbitration: commentary, precedents and materials for UNCITRAL based arbitration rules (Sweet & Maxwell: London 2010)
- Weigand, F-B, Practitioner's handbook on international commercial arbitration (OUP: Oxford, 2009).
- Yearbook of Commercial Arbitration (YBA), by The International Council for Commercial Arbitration (ICCA) and Kluwer (available as hardcopy and online)
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Additional Information
Graduate Attributes and Skills |
1. Appropriately research this specialist area of law and procedure so as to produce parts of the written memoranda on an individual basis.
2. Work collaboratively with team mates to produce whole and consistent written memoranda as part of a team.
3. Develop the ability to think creatively and strategically and to question and test legal argument.
4. Select and apply relevant legal international rules to provide solutions to complex legal problems in a practical setting, and which engage knowledge at the forefront of this field of study.
5. Plead parts of the position of opposing parties individually, thus enhancing skills in both written and oral advocacy:
a. In relation to the preparation of the written memorandum students will learn to develop structured written legal argument.
b. In relation to the oral pleading stage students will develop skills of oral advocacy including presentation skills and anticipating and dealing with questions, interacting with opponents and Tribunal in an appropriate and mature manner.
c. By pleading both sides of the case they will develop the ability to look at both sides of an argument and to test a legal argument against complicated facts.
6. To understand how the boundaries of legal knowledge are advanced through research, demonstrating the ability to understand and use of a wide range of international legal sources which are of relevance to the case, including international conventions, case law, statutes, arbitral rules and soft law instruments.
7. To act with a high degree of autonomy in planning and implementing solutions to the a given problem.
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Special Arrangements |
Class Size:
Ideally a maximum of 8 students, as this is the maximum of students who can plead at the Moot venue; if the School wanted to partake in Vienna and Hong Kong, then a maximum of 16 could be selected. The minimum membership per team is 2 students as per moot rules.
Due to the expected high interest in this course the selection of candidates will have to take place alongside with course enrolment.
Application process:
2 stage process:
Stage 1: Application form:
o Application form due by end of course enrolment period; together with identification of alternative course, in case the applicant is not selected
o 2 part application form:
Part 1) Personal reasons/interest, ability to cope;
Part 2) Summary of most important points of the moot problem from the previous year (up to 1000 words). [Relevant moot problem will only go live on first Friday of October.]
Stage 2: Interviews:
Successful candidates in stage 1 will be invited to interviews (if necessary via Skype) during fresher¿s week, to allow for final allocation of candidates to courses.
[The course selection process will require students who apply for the Moot Course to do this in addition to the full course selection of 120 credits of courses, but to indicate the course(s) (40 credits) which they would drop, should they be selected to the Vis Moot Course. This way, the students can get their priority as per selection date on the typical LLM courses and will not lose out by applying to the Vis Moot Course. Should their Vis Moot Course application be successful they simply get taken of the further courses, as indicated.]
Course information for course selection will include a warning that students, who are practicing lawyers with extensive experience in in the fields of arbitration or international sale transactions are disqualified from participation in the Moot and thus also from choosing this course. Students licenced to practice law will need to obtain express permission from the Moot Directors of the Vis Moot (see Moot Rules Part III para. 26).
Selection Criteria:
Students will be asked to demonstrate the following:
- Ability to identify, present and explain relevant issues appropriately
- Ability to cope, considering inter alia language proficiency, demonstrable time management skills and other commitments
- Motivation and interest in the moot
- Ability and willingness to work as a member of a multicultural team
- Priority will be given to students who have not already gained extensive practical experience in the fields of arbitration and international transactions.
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Keywords | International Commercial Arbitration; Mooting; International Sales Law |
Contacts
Course organiser | Dr Simone Lamont-Black
Tel: (0131 6)50 2060
Email: simone.lamont-black@ed.ac.uk |
Course secretary | Miss Amanda Mackenzie
Tel: (0131 6)50 6325
Email: amanda.mackenzie@ed.ac.uk |
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© Copyright 2014 The University of Edinburgh - 12 January 2015 4:17 am
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