Willem C. Vis Moot
Encyclopedia
Moot court
A moot court is an extracurricular activity at many law schools in which participants take part in simulated court proceedings, usually to include drafting briefs and participating in oral argument. The term derives from Anglo Saxon times, when a moot was a gathering of prominent men in a...
competition for law students. Since 1994, it is annually being held in Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...
, Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
.
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
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
. 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
United Nations Convention on Contracts for the International Sale of Goods
The United Nations Convention on Contracts for the International Sale of Goods is a treaty offering a uniform international sales law that, as of August 2010, has been ratified by 77 countries that account for a significant proportion of world trade, making it one of the most successful...
, 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.
Organizer
The Vis Moot is organized by the Association for the Organization and Promotion of the Willem C. Vis International Commercial Arbitration Moot. The Director is Pace Law School's Eric E. Bergsten, Professor Emeritus of Pace University School of LawPace University School of Law
Pace University School of Law, known colloquially as "Pace Law School", is the law school of Pace University, a comprehensive, independent, and diversified university with campuses in New York City and Westchester County...
and a former Secretary of the United Nations Commission on International Trade Law (UNCITRAL).
Sponsoring Organizations
The Vis Arbitration Moot is sponsored by Pace Law School, 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), CEPANI (Belgium), the Chartered Institute of ArbitratorsChartered Institute of Arbitrators
The Chartered Institute of Arbitrators is a London based membership organisation for arbitrators for the promotion and facilitation of dispute resolution...
, Chicago International Dispute Resolution Association (CIDRA)
Chicago International Dispute Resolution Association (CIDRA)
The Chicago International Dispute Resolution Association is a non-profit organization specializing in assistance with solving private international disputes.-History:...
, the Chinese-European Arbitration Centre (CEAC), German Institution of Arbitration (DIS), the International Chamber of Commerce
International Chamber of Commerce
The International Chamber of Commerce is the largest, most representative business organization in the world. Its hundreds of thousands of member companies in over 130 countries have interests spanning every sector of private enterprise....
, JAMS, the London Court of International Arbitration
London Court of International Arbitration
The London Court of International Arbitration is an institution based in London, United Kingdom providing the service 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)
UNCITRAL
The United Nations Commission on International Trade Law was established by the United Nations General Assembly by its Resolution 2205 of 17 December 1966 "to promote the progressive harmonization and unification of international trade law"....
, and the University of Vienna Faculty of Law.
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, OxfordMagdalen College, Oxford
Magdalen College is one of the constituent colleges of the University of Oxford in England. As of 2006 the college had an estimated financial endowment of £153 million. Magdalen is currently top of the Norrington Table after over half of its 2010 finalists received first-class degrees, a record...
. He graduated from Leiden University
Leiden University
Leiden University , located in the city of Leiden, is the oldest university in the Netherlands. The university was founded in 1575 by William, Prince of Orange, leader of the Dutch Revolt in the Eighty Years' War. The royal Dutch House of Orange-Nassau and Leiden University still have a close...
and Nijmegen University
Radboud University Nijmegen
Radboud University Nijmegen is a public university with a strong focus on research in Nijmegen, the Netherlands...
in the Netherlands. He was good friends with Lex Mercatorius, the founder of the body of trade law, lex mercatoria. As childen Vis and Mercatorius would often play imaginary games of barter, whereby they would write various rules and apply them to an imaganiary transaction.
Professor Vis began to work for European co-operation in 1957 as a member of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
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
United Nations Office of Legal Affairs
The United Nations Office of Legal Affairs is a United Nations agency, established in 1946, that performs several key functions in the area of international law....
, 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)
United Nations Convention on Contracts for the International Sale of Goods
The United Nations Convention on Contracts for the International Sale of Goods is a treaty offering a uniform international sales law that, as of August 2010, has been ratified by 77 countries that account for a significant proportion of world trade, making it one of the most successful...
. 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
Pace University School of Law
Pace University School of Law, known colloquially as "Pace Law School", is the law school of Pace University, a comprehensive, independent, and diversified university with campuses in New York City and Westchester County...
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.
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.Preparation of the Memoranda
The written phase of the Vis Moot commences on the first Friday in October when the Moot Problem, consisting 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.
During this phase the students can discuss legal problems via a free and open discussion board provided by Trans-Lex.org.
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 travelling 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.Examples for past pre-moots are:
- The Dispute Resolution Society at Fordham University School of LawFordham University School of LawFordham University School of Law is a part of Fordham University in the United States. The School is located in the Borough of Manhattan in New York City, and is one of eight ABA-approved law schools in that city.-Overview:According to the U.S. News & World Report, 1,516 J.D. students attend...
in New York City hosts an annual pre-moot. Fordham's 2010 pre-moot brought together 43 teams spanning universities from North America, South America, Asia and Europe - earning recognition as the largest Vis practice session in the world. - Loyola UniversityLoyola University ChicagoLoyola University Chicago is a private Jesuit research university located in Chicago, Illinois, United States. Founded by the Society of Jesus in 1870 under the title St...
hosts a pre-moot competition in ChicagoChicagoChicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
. - Florida International University College of LawFlorida International University College of LawThe Florida International University College of Law is the law school of Florida International University, located in Miami, Florida in the United States...
hosts a pre-moot competition in Miami, FloridaFloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. - The International Law Section of the Florida Bar organizes a pre-moot in FloridaFloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. In previous years it had been held at Florida A&M in OrlandoOrlando, FloridaOrlando is a city in the central region of the U.S. state of Florida. It is the county seat of Orange County, and the center of the Greater Orlando metropolitan area. According to the 2010 US Census, the city had a population of 238,300, making Orlando the 79th largest city in the United States...
. However, in the Spring of 2010 it was moved to the University of MiamiUniversity of MiamiThe University of Miami is a private, non-sectarian university founded in 1925 with its main campus in Coral Gables, Florida, a medical campus in Miami city proper at Civic Center, and an oceanographic research facility on Virginia Key., the university currently enrolls 15,629 students in 12...
in Coral Gables, Florida. - In North Rhine-WestphaliaNorth Rhine-WestphaliaNorth Rhine-Westphalia is the most populous state of Germany, with four of the country's ten largest cities. The state was formed in 1946 as a merger of the northern Rhineland and Westphalia, both formerly part of Prussia. Its capital is Düsseldorf. The state is currently run by a coalition of the...
, GermanyGermanyGermany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, the subsection Rhine/Ruhr of the Young Arbitrators Circle of the DIS (German Institution of Arbitration), the DüsseldorfDüsseldorfDüsseldorf is the capital city of the German state of North Rhine-Westphalia and centre of the Rhine-Ruhr metropolitan region.Düsseldorf is an important international business and financial centre and renowned for its fashion and trade fairs. Located centrally within the European Megalopolis, the...
Moot Association and the Friends of the University of Düsseldorf Faculty of Law host a pre-moot event with 20 participating teams in DüsseldorfDüsseldorfDüsseldorf is the capital city of the German state of North Rhine-Westphalia and centre of the Rhine-Ruhr metropolitan region.Düsseldorf is an important international business and financial centre and renowned for its fashion and trade fairs. Located centrally within the European Megalopolis, the...
. - In the Czech RepublicCzech RepublicThe Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
, annually since 2008, the Centre for Clinical Legal EducationCentre for Clinical Legal Education (Palacký University, Faculty of Law)The Centre for Clinical Legal Education is an institute of Palacký University Faculty of Law, which focuses on practical ways of teaching prospective lawyers...
of Law Faculty of Palacký University organizes a pre-moot competition just one week before the Vis Moot, taking place in OlomoucOlomoucOlomouc is a city in Moravia, in the east of the Czech Republic. The city is located on the Morava river and is the ecclesiastical metropolis and historical capital city of Moravia. Nowadays, it is an administrative centre of the Olomouc Region and sixth largest city in the Czech Republic...
, only some 200 kilometers north of Vienna. - In SerbiaSerbiaSerbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
, since 2008, University of BelgradeUniversity of BelgradeThe University of Belgrade is the oldest and largest university of Serbia.Founded in 1808 as the Belgrade Higher School in revolutionary Serbia, by 1838 it merged with the Kragujevac-based departments into a single university...
's Faculty of LawUniversity of Belgrade Faculty of LawThe University of Belgrade Faculty of Law , also known as the Belgrade Law School, is one of the first-tier educational institutions of the University of Belgrade, Serbia...
hosts an annual pre-moot competition, better known as the Belgrade Open. In 2010, 22 teams from 16 countries participated. The actual pre-moot rounds of the Belgrade Open have, since 2009, been preceded by an arbitration conference dealing with issues brought up in that year's moot problem. - In BrazilBrazilBrazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, annually since 2009, UNICURITIBA organizes a preparation round gathering Brazilian and Argentinian teams.
The oral arguments in Vienna
The oral arguments take place in Vienna, Austria. They begin every year with a formal Opening Reception on the Friday a week prior to Easter and close with the finals on Thursday of Easter week. On Thursday night preceding the Opening, 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
University of Vienna
The University of Vienna is a public university located in Vienna, Austria. It was founded by Duke Rudolph IV in 1365 and is the oldest university in the German-speaking world...
(the Juridicum) and several near-by law offices on Saturday through Tuesday. They start on Saturday morning, 8:30 a.m. (for those twenty-five or so teams who have caught the first "slot"), with every competing team arguing in four hearings (against four different teams, usually pairing a team from a civil law country with a team from a common law country) during the next four days. The General Rounds conclude on Tuesday afternoon with the announcement of the 64 highest ranking teams which move on to the so-called elimination rounds.
Elimination rounds subsequently take place on Tuesday night, Wednesday and Thursday, culminating in the final argument. The Moot closes with an awards banquet following the final argument.
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
Konzerthaus, Vienna
The Konzerthaus in Vienna was opened 1913. It is situated in the third district just at the edge of the first district in Vienna. Since it was founded it has always tried to emphasise both tradition and innovative musical styles.In 1890 the first ideas for a Haus für Musikfeste came about...
(13th Moot, 2006). In 2007, the opening reception was held at the Stadthalle
Wiener Stadthalle
Wiener Stadthalle is an indoor arena, located in the 15th district of Vienna, Austria. It was designed by Austrian architect Roland Rainer and built from 1953–1958...
(the Konzerthaus was apparently already booked), but it returned to the Konzerthaus
Konzerthaus, Vienna
The Konzerthaus in Vienna was opened 1913. It is situated in the third district just at the edge of the first district in Vienna. Since it was founded it has always tried to emphasise both tradition and innovative musical styles.In 1890 the first ideas for a Haus für Musikfeste came about...
in 2008.
From the 1st until the 3rd Vis Moot (1994–96), the oral hearings proper were held at the International Arbitral Centre of the Austrian Federal Economic Chamber
Austrian Federal Economic Chamber
The Austrian Federal Economic Chamber coordinates and represents the interests of the Austrian business community on a national and international level...
(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
University of Vienna
The University of Vienna is a public university located in Vienna, Austria. It was founded by Duke Rudolph IV in 1365 and is the oldest university in the German-speaking world...
. During the more recent Moots, some of the hearings have been held at the offices of nearby law firms (since the Juridicum alone could no longer accommodate the growing number of hearings), namely at the offices of Dorda, Brugger & Jordis (since the 11th Moot 2004), DLA Piper Weiss-Tessbach (since the 16th Moot 2009) and Baker McKenzie: Diwok Hermann Petsche (since the 17th Moot 2010).
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
Vienna Rathaus
The Rathaus is a building in Vienna which serves as the seat both of the mayor and city council of the city of Vienna.The town hall also serves, in personal union, as Governor and Assembly of the State of Vienna, a state with the Austrian federal system.- History:The Rathaus was designed by...
(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
Vienna Rathaus
The Rathaus is a building in Vienna which serves as the seat both of the mayor and city council of the city of Vienna.The town hall also serves, in personal union, as Governor and Assembly of the State of Vienna, a state with the Austrian federal system.- History:The Rathaus was designed by...
(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.
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.
See also the social network: the Dachgeschoss
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 UNCITRAL The United Nations Commission on International Trade Law was established by the United Nations General Assembly by its Resolution 2205 of 17 December 1966 "to promote the progressive harmonization and unification of international trade law".... Arbitration Rules |
| 2nd | 1995 | UNCITRAL UNCITRAL The United Nations Commission on International Trade Law was established by the United Nations General Assembly by its Resolution 2205 of 17 December 1966 "to promote the progressive harmonization and unification of international trade law".... Arbitration Rules |
| 3rd | 1996 | International Arbitration Rules of the American Arbitration Association American Arbitration Association The American Arbitration Association is a private enterprise in the business of arbitration, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution. It is headquartered in New York... |
| 4th | 1997 | Rules of Arbitration of the International Chamber of Commerce (ICC) International Chamber of Commerce The International Chamber of Commerce is the largest, most representative business organization in the world. Its hundreds of thousands of member companies in over 130 countries have interests spanning every sector of private enterprise.... |
| 5th | 1998 | UNCITRAL UNCITRAL The United Nations Commission on International Trade Law was established by the United Nations General Assembly by its Resolution 2205 of 17 December 1966 "to promote the progressive harmonization and unification of international trade law".... Arbitration Rules |
| 6th | 1999 | International Arbitration Rules of the American Arbitration Association American Arbitration Association The American Arbitration Association is a private enterprise in the business of arbitration, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution. It is headquartered in New York... |
| 7th | 2000 | Rules of the London Court of International Arbitration London Court of International Arbitration The London Court of International Arbitration is an institution based in London, United Kingdom providing the service of international arbitration.... (LCIA) |
| 8th | 2001 | Rules of Arbitration of the International Chamber of Commerce (ICC) International Chamber of Commerce The International Chamber of Commerce is the largest, most representative business organization in the world. Its hundreds of thousands of member companies in over 130 countries have interests spanning every sector of private enterprise.... |
| 9th | 2002 | International Arbitration Rules of the American Arbitration Association American Arbitration Association The American Arbitration Association is a private enterprise in the business of arbitration, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution. It is headquartered in New York... |
| 10th | 2003 | Arbitration Rules of the German Institution of Arbitration (DIS) |
| 11th | 2004 | Arbitration Rules of the Singapore International Arbitration Centre (SIAC) |
| 12th | 2005 | Swiss Rules of International Arbitration |
| 13th | 2006 | Arbitration Rules of the Chicago International Dispute Resolution Association (CIDRA) Chicago International Dispute Resolution Association (CIDRA) The Chicago International Dispute Resolution Association is a non-profit organization specializing in assistance with solving private international disputes.-History:... |
| 14th | 2007 | Arbitration Rules of The Court of International Commercial Arbitration, Romania |
| 15th | 2008 | JAMS International Arbitration Rules |
| 16th | 2009 | Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce |
| 17th | 2010 | Arbitration Rules of the Australian Centre for International Commercial Arbitration |
| 18th | 2011 | Arbitration Rules of the Chamber of National and International Arbitration of Milan |
Danubia is a fictional country, which has enacted the UNCITRAL Model Law on International Commercial Arbitration
UNCITRAL Model Law on International Commercial Arbitration
The UNCITRAL Model Law on International Commercial Arbitration was prepared by UNCITRAL, and adopted by the United Nations Commission on International Trade Law on 21 June 1985...
as well as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention, was adopted by a United Nations diplomatic conference on 10 June 1958 and entered into force on 7 June 1959...
(New York Convention), always featuring in moot problems as the seat of arbitration. "Vindobona
Vindobona
Vindobona was originally a Celtic settlement, and later a Roman military camp on the site of the modern city of Vienna in Austria. Around 15 BC, the kingdom of Noricum was included in the Roman Empire...
" is surmised to be a reference to Vienna's old Latin nomenclature, when it was the last outpost of the Roman Empire.
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. It draws participation from many law schools from all over the world.In 2007 177 teams took part in the competition, whereas in 2008 even 204 teams participated. In 2009 the number of participating teams even increased to 233. Until 2011 the competition continued to grow to a total of 262 competing teams. In most law schools, being selected as a team member is in itself a sign of excellence.
The eleven universities that have been participating in the Willem C. Vis International Commercial Arbitration Moot since the Inaugural Moot held in 1994 are sometimes referred to as the "Vis Moot Ivy League". They are: Albert-Ludwigs-Universität Freiburg (Germany), Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
(United States), Cornell University
Cornell University
Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...
(United States), Deakin University
Deakin University
Deakin University is an Australian public university with nearly 40,000 higher education students in 2010. It receives more than A$600 million in operating revenue annually, and controls more than A$1.3 billion in assets. It received more than A$35 million in research income in 2009 and had 835...
(Australia), Eötvös Loránd University (Hungary), Erasmus University
Erasmus University
Erasmus University Rotterdam is a university in the Netherlands, located in Rotterdam. The university is named after Desiderius Erasmus Roterodamus, a 15th century humanist and theologian...
(The Netherlands), University of Lapland
University of Lapland
The University of Lapland is located in the city of Rovaniemi, Finland. It was founded in 1979.The university is divided into four faculties:* Faculty of Art and Design* Faculty of Education* Faculty of Law* Faculty of Social Sciences...
(Finland), Université Laval
Université Laval
Laval University is the oldest centre of education in Canada and was the first institution in North America to offer higher education in French...
(Canada), Katholieke Universiteit Leuven
Katholieke Universiteit Leuven
The Katholieke Universiteit Leuven is a Dutch-speaking university in Flanders, Belgium.It is located at the centre of the historic town of Leuven, and is a prominent part of the city, home to the university since 1425...
(Belgium), and Pace University
Pace University
Pace University is an American private, co-educational, and comprehensive multi-campus university in the New York metropolitan area with campuses in New York City and Westchester County, New York.-Programs:...
(United States).
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 when 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 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, so an era of Moot partying had come to an end. During the 14th-16th Vis Moots (2007–09), the Gazelles in the Museumsquartier functioned as the MAA Moot Bar. The 17th Vis Moot 2010 saw a new venue, the http://www.ost-klub.at/?lang=2Ost-Klub.
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 Song" and (as an encore) the 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 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. Such lyrics have prompted a phenomenon of moot competitors having children, "moot babies", and naming them after founders of International Trade Law such as Lex Mercatorius. 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")!
Vis Moot (East), Hong Kong
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 organization of the Vis Moot (East) lies in the hands of Louise Barrington, now a Professor of Law at King's College London
King's College London
King's College London is a public research university located in London, United Kingdom and a constituent college of the federal University of London. King's has a claim to being the third oldest university in England, having been founded by King George IV and the Duke of Wellington in 1829, and...
, and Rosie Craig.
The first local host of the Hong Kong Vis Moot was the City University of Hong Kong
City University of Hong Kong
City University of Hong Kong is a comprehensive research university in Hong Kong. It was founded in 1984 as City Polytechnic of Hong Kong and became a fully accredited university in 1994. It has achieved fast growth in recent years and received international recognition for its academic achievements...
: the 1st-3rd Vis Moot (East) (2004–06) were held at City University's campus located in Kowloon Tong
Kowloon Tong
Kowloon Tong , formerly Kau Lung Tong, is an area in Hong Kong. Within New Kowloon, it is administratively divided by Kowloon City District and Sham Shui Po District...
. The following two moots (4th and 5th Vis Moot (East), 2007 and 2008) were hosted by the Chinese University of Hong Kong
Chinese University of Hong Kong
The Chinese University of Hong Kong is a research-led university in Hong Kong.CUHK is the only tertiary education institution in Hong Kong with Nobel Prize winners on its faculty, including Chen Ning Yang, James Mirrlees, Robert Alexander Mundell and Charles K. Kao...
at its campus in Central
Central, Hong Kong
Central is the central business district of Hong Kong. It is located in Central and Western District, on the north shore of Hong Kong Island, across Victoria Harbour from Tsim Sha Tsui, the southernmost point of Kowloon Peninsula...
- a change welcomed by many, as this venue's locations seemed much better suited for the competition. Since the 6th Vis Moot (East) 2008-09, however, the moot has moved back to City University of Hong Kong
City University of Hong Kong
City University of Hong Kong is a comprehensive research university in Hong Kong. It was founded in 1984 as City Polytechnic of Hong Kong and became a fully accredited university in 1994. It has achieved fast growth in recent years and received international recognition for its academic achievements...
.
The Vis Moot (East) is much younger than 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 2009, 228 teams from 57 countries participated in the 16th Vis Moot in Vienna, and 64 teams from 17 countries in the 6th Vis Moot (East) in Hong Kong). Both competitions grow every year. At the 8th Vis Moot (East), which was held in Hong Kong 2010-11, the Moot organizer for the first time introduced a limitation of teams: Only 80 teams were admitted to the competition, although more had expressed an interest in participating.
Awards in the Vis Moot (East)
Eric Bergsten Award
The Eric Bergsten Award is given for the Best Claimant’s Memorandum in the Vis Moot (East) held in Hong Kong.| Year | Winner of the Eric Bergsten Award |
|---|---|
| 2004 | University of Munich |
| 2005 | University of Houston Law Center University of Houston Law Center The University of Houston Law Center is a law school located in Houston, Texas. It is accredited by the American Bar Association and is a member of the Association of American Law Schools. Founded in 1947, the Law Center is one of 12 academic colleges of the University of Houston... |
| 2006 | University of Munich |
| 2007 | Fordham University School of Law Fordham University School of Law Fordham University School of Law is a part of Fordham University in the United States. The School is located in the Borough of Manhattan in New York City, and is one of eight ABA-approved law schools in that city.-Overview:According to the U.S. News & World Report, 1,516 J.D. students attend... |
| 2008 | Albert Ludwigs University Freiburg |
| 2009 | Albert Ludwigs University Freiburg |
| 2010 | Osgoode Hall Law School Osgoode Hall Law School Osgoode Hall Law School is a Canadian law school, located in Toronto, Ontario, Canada and affiliated with York University. Named after the first Chief Justice of Ontario, William Osgoode, the law school was established by The Law Society of Upper Canada in 1889 and was the only accredited law... |
| 2011 | Stetson University College of Law |
Fali Nariman Award
The Fali Nariman Award is given for the Best Respondent’s Memorandum in the Vis Moot (East) held in Hong Kong.| Year | Winner of the Fali Nariman Award |
|---|---|
| 2004 | Loyola University Chicago Loyola University Chicago Loyola University Chicago is a private Jesuit research university located in Chicago, Illinois, United States. Founded by the Society of Jesus in 1870 under the title St... |
| 2005 | University of Munich |
| 2006 | University of Munich |
| 2007 | University of Victoria, British Columbia University of Victoria The University of Victoria, often referred to as UVic, is the second oldest public research university in British Columbia, Canada. It is a research intensive university located in Saanich and Oak Bay, about northeast of downtown Victoria. The University's annual enrollment is about 20,000 students... |
| 2008 | Hofstra University School of Law Hofstra University School of Law The Maurice A. Deane School of Law at Hofstra University is located in Hempstead, New York. Founded in 1970 and accredited by the ABA in 1971, the school offers a JD, a joint JD/MBA degree, and LL.M degrees in American Law and Family law... |
| 2009 | tied: Harvard University Harvard University Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country... and Johannes Gutenberg University Mainz |
| 2010 | Stetson University College of Law |
| 2011 | University of Basel University of Basel The University of Basel is located in Basel, Switzerland, and is considered to be one of leading universities in the country... |
Neil Kaplan Award
The Neil Kaplan Award is given for the Best Oralist during the General Rounds in the Vis Moot (East) held in Hong Kong.| Year | Winner of the Neil Kaplan Award |
|---|---|
| 2004 | Ipsita Dutta, National University of Juridical Sciences, Kolkata |
| 2005 | Joanne Berenger, Deakin University Deakin University Deakin University is an Australian public university with nearly 40,000 higher education students in 2010. It receives more than A$600 million in operating revenue annually, and controls more than A$1.3 billion in assets. It received more than A$35 million in research income in 2009 and had 835... |
| 2006 | Lily Lu, Loyola Law School Los Angeles Loyola Law School Loyola Law School is the law school of Loyola Marymount University, a private Catholic university in the Jesuit and Marymount traditions, in Los Angeles, California. Loyola was established in 1920. Like Loyola University Chicago School of Law and Loyola University New Orleans College of Law , it... |
| 2007 | Daniel J. Weiner, Fordham University School of Law Fordham University School of Law Fordham University School of Law is a part of Fordham University in the United States. The School is located in the Borough of Manhattan in New York City, and is one of eight ABA-approved law schools in that city.-Overview:According to the U.S. News & World Report, 1,516 J.D. students attend... |
| 2008 | Gautam Sood, Loyola Law School Los Angeles Loyola Law School Loyola Law School is the law school of Loyola Marymount University, a private Catholic university in the Jesuit and Marymount traditions, in Los Angeles, California. Loyola was established in 1920. Like Loyola University Chicago School of Law and Loyola University New Orleans College of Law , it... |
| 2009 | Frances Ma, Loyola Law School Los Angeles Loyola Law School Loyola Law School is the law school of Loyola Marymount University, a private Catholic university in the Jesuit and Marymount traditions, in Los Angeles, California. Loyola was established in 1920. Like Loyola University Chicago School of Law and Loyola University New Orleans College of Law , it... |
| 2010 | Susan Mathenge, Georgetown University Law Center Georgetown University Law Center Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law... |
| 2011 | David Teslicko, American University Washington College of Law |
David Hunter Award
The David Hunter Award is bestowed on the Law School Team Prevailing in the Oral Arguments of the Vis Moot (East) held in Hong Kong (the "Winner of the Moot").| Year | Winner of the David Hunter Award |
|---|---|
| 2004 | Tsinghua University Tsinghua University Tsinghua University , colloquially known in Chinese as Qinghua, is a university in Beijing, China. The school is one of the nine universities of the C9 League. It was established in 1911 under the name "Tsinghua Xuetang" or "Tsinghua College" and was renamed the "Tsinghua School" one year later... |
| 2005 | National University of Juridical Sciences, Kolkata |
| 2006 | Loyola Law School Los Angeles Loyola Law School Loyola Law School is the law school of Loyola Marymount University, a private Catholic university in the Jesuit and Marymount traditions, in Los Angeles, California. Loyola was established in 1920. Like Loyola University Chicago School of Law and Loyola University New Orleans College of Law , it... |
| 2007 | Pepperdine University School of Law Pepperdine University School of Law The Pepperdine University School of Law is a law school located on the campus of Pepperdine University in Malibu, California.The school placed 54th among the nation's "Top 100" law schools according to the 2011 U.S. News and World Report rankings and is the third highest ranked law school in... |
| 2008 | Griffith University Griffith University Griffith University is a public, coeducational, research university located in the southeastern region of the Australian state of Queensland. The university has five satellite campuses located in the Gold Coast, Logan City and in the Brisbane suburbs of Mount Gravatt, Nathan and South Bank. Current... |
| 2009 | Loyola Law School Los Angeles Loyola Law School Loyola Law School is the law school of Loyola Marymount University, a private Catholic university in the Jesuit and Marymount traditions, in Los Angeles, California. Loyola was established in 1920. Like Loyola University Chicago School of Law and Loyola University New Orleans College of Law , it... |
| 2010 | Albert Ludwigs University Freiburg |
| 2011 | Bond University Bond University Bond University is a private university located in Robina, Gold Coast, Queensland, Australia. It is also the first private university established in Australia... |
Most successful teams
Up to now, Loyola Law School Los Angeles has won most awards (5 awards), followed by University of Munich (4 awards) and Albert Ludwigs University Freiburg (3 awards)Upcoming Moots
The 9th Willem C. Vis (East) International Commercial Arbitration Moot will be held in Hong Kong on 19–25 March 2012.The 19th Willem C. Vis International Commercial Arbitration Moot will be held in Vienna from 30 March until 5 April 2012.
Moot Alumni Association (MAA)
The Moot Alumni Association (MAA) is the alumni association of both the Willem C. Vis Moot International Commercial Arbitration Moot (the Vienna Moot) and the Willem C. Vis Moot (East) International Commercial Arbitration Moot (the Hong Kong Moot). It was founded in 1996 in the aftermath of the 3rd Willem C. Vis Moot, and is a non-profit association registered under Austrian law with its seat in Vienna.With a 650-strong membership, the MAA is composed of students as well as distinguished academics and practitioners, and internationally renowned arbitrators and practitioners. The MAA's projects include the publication of the Vindobona Journal of International Commercial Law and Arbitration, facilitating internships and employment related to these areas of law, a case translation program and collaboration with the United Nations Commission on International Trade Law (UNCITRAL)
UNCITRAL
The United Nations Commission on International Trade Law was established by the United Nations General Assembly by its Resolution 2205 of 17 December 1966 "to promote the progressive harmonization and unification of international trade law"....
and the Institute of International Commercial Law, Pace Law School.
The MAA's activities during the Willem C. Vis Moots include sponsoring and organising social events for Vis Moot participants, as notably the MAA Welcome Party on the night before the Opening Receptions of the Vienna and the Hong Kong Moots.
On the more serious side, the MAA regularly organises specialised conferences during the Vienna Moot, such as “The Challenging World of Arbitration” (2001) in cooperation with ICCA and “Becoming e-legal” (2002) in cooperation with VIAC, and the annual “Generations in Arbitration.”
On 2 April 2009, immediately preceding the 16th Willem C. Vis Moot, the MAA held a conference titled "Issues on the CISG Horizon - Conference in Honour of Peter Schlechtriem" in Vienna.
See also
- Moot Alumni Association (MAA), the Alumni Association of the Willem C. Vis International Commercial Arbitration Moot
- Generations in Arbitration
- The Vindobona Journal of International Commercial Law and Arbitration
- The CISG Song
- The Mootie Blues - a song about competing in the Vis Moot. Read the lyrics and hear the song performe by its composer, Professor Harry Flechtner.
Further reading
- Eric E. Bergsten, "Teaching about International Commercial Arbitration ...", 18 Journal of International Arbitration (August 2001) 481-486
- Hew R. Dundas, "The Willem C. Vis International Commercial Arbitration Moot", Stockholm International Arbitration Review (2008:1) 155-169
- Daniel Girsberger, "Internationale Schiedsgerichtsbarkeit: Ausbildung durch Moot Courts", in: Greiner / Berger / Güngerich (eds.), Festschrift für Franz Kellerhals zum 65. Geburtstag, Stämpfli Verlag AG Bern (2005), p. 23-33
- Jack M. Graves & Stephanie A. Vaughan, "The Willem C. Vis International Commercial Arbitration Moot: Making the Most of an Extraordinary Educational Opportunity", 10 Vindobona Journal of International Commercial Law and Arbitration (2/2006) 173-206
- Mark R. Shulman, "Moot Court in Global Language of Trade", New York Law Journal 2 April 2007
- Jeff Waincymer, "International and Comparative Legal Education through the William C. Vis Moot Program: A Personal Reflection", 5 Vindobona Journal of International Commercial Law and Arbitration (2001) 251-283
- Janet Walker (ed.), The Vis Book - A Participant's Guide to the Willem C. Vis International Commercial Arbitration Moot, Juris Publishing (2008), 190 pp.
External links
- Willem C. Vis International Commercial Arbitration Moot, Vienna Official Website
- The Annual Willem C. Vis (East) International Commercial Arbitration Moot
- Alumni Association of the Willem C. Vis International Commercial Arbitration Moot
- The VIS Net
- The Dachgeschoss - the free social community of mooties and arbitrators
- Discussion Board for the Vis Moot 2011
- The Cologne Moot Team
- Fordham University Pre-Moot Registration