Willem C. Vis International Commercial Arbitration Moot is sometimes referred to as the ‘Olympic games of mooting’. It was created in 1993 by professor Eric Bergsten of Pace University, New York, and aims at promotion of arbitration as a way of alternative resolution of disputes and popularization of Vienna Convention on International Sale of Goods (CISG). The final part of the competition is held in Vienna. Each year the number of participating universities increases: 233 teams from 59 countries took part in the moot in its 2009 edition.
Willem C. Vis (1924-1993) was a world-renowned expert on international commercial law and methods of alternative dispute resolution. He played a vital role in drafting CISG and UNCITRAL Arbitration Rules. He also served as a professor at Pace University.
Preparations
The competition is conducted entirely in English and consists of two stages: first is the preparation of written memoranda, and second is the oral part taking place in Vienna. The Moot begins in early October, when the problem is posted on the Moot’s website:
http://www.cisg.law.pace.edu/vis.html
From this moment on, teams all over the world start to work intensively on the problem. Each team has to submit two memoranda: one for the claimant and one for the respondent.
After submission of memoranda the written part of the competition ends and the preparations for the oral hearings begin. This is considered to be the most important part of the Willem C. Vis moot. Students practice pleading in front of arbitral tribunal, representing both parties to the dispute. In a pleading each of the parties is represented by two students. One of them presents arguments on jurisdiction of the tribunal and the other argues on the merits of the case. In addition, so-called pre-moots are organized worldwide to allow different teams to confront each other for the first time. Such pre-moots are held for example in New York, Dusseldorf, Belgrade or Madrid. In 2009, the University of Warsaw organized the first pre-moot in Poland.
Oral hearings in Vienna
The Vienna stage of the competition begins a week prior to Easter and lasts 7 days. During the first four days each of the teams pleads four times in front of arbitral tribunals. Hearings take place at the University of Vienna or in the best law firms in Vienna. Many prominent lawyers and scholars serve as arbitrators. After those four days professor Bergsten announces 64 four teams that received best scores during general rounds and made their way to the final rounds. Final rounds are held during the next three days and finish with the final pleading of the best two teams. The final pleading is followed by the official announcement of the winners in the respective categories:
Pieter Sanders Award for the best memorandum on behalf of claimant,
Werner Melis Award for the best memorandum on behalf of respondent,
Frederic Eisemann Award for the team prevailing in the oral rounds,
Martin Domke Award for the best individual oralist.
A life-changing experience
In view of many participants, the Moot is a life changing experience. First of all, it requires a lot of hard work. When beginning with the preparations to the Moot, most of the participants are not familiar with international commercial arbitration and international sale of goods. After 6 months they all will be experts in this field, as well as they will gain a lot of practical skills including legal research, legal writing and oral argumentation.
Secondly, the time spent in Vienna is unforgettable. The spirit of competition is in the air, everyone is a bit stressed and elated at the same time – the long awaited moment has come and our expectations are going to face the reality. But not only the winners have it all; although the competition is the core of the Moot, everyone can benefit from participation in it.
Time in Vienna is an excellent occasion to make friends, and maybe obtain some professional contacts, too. All of the students have an opportunity to meet prominent scholars and top notch lawyers, to observe the best teams and learn from them. As a result, everyone can return from Vienna enriched by this marvelous experience. The Moot helps the students to set their goals and to see their future in bright colors.
