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Vis International Commercial

Arbitration Moot
EXAMPLE MEMORANDUM
AND ORAL ARGUMENT

General Structure
Cover page
Table of Contents
all sections, headings and page numbers
Index of Abbreviations
Ex. CISG, UNCITRAL, ICC
Index of Authorities
Scholarly works, articles and legal sources
Index of Cases
Court cases and arbitral awards
Statement of Facts
Summary of Argument
Argument
Conclusion

Argument
Part One: procedural issues of arbitration
Heading 1
Heading 2

Subheading 1
Subheading 2
Subheading 3

Heading 3

Subheading 1
Subheading 2
Subheading 3

Argument
Part Two: substantive issues of the contract for the

sale of goods under the CISG


Heading 1
Heading 2

Subheading 1
Subheading 2
Subheading 3

Heading 3

Subheading 1
Subheading 2
Subheading 3

General Remarks
Topic sentences, conclusion sentences
Do not be conclusory! Use the facts of the case. Use cases to

support or distinguish.
Persuasive writing! Advocate for your client.

You can make an impression with headings alone.

Include opposing arguments and respond.

For the respondent, you will answer the claimant memo you received.

No additional facts not in the problem may be introduced

unless they are logical and a necessary extension of existing


facts.
Technical requirements in the Rules: length, margins, font, etc.
Found in the Vis Rules online.
Review previous memoranda on Vis website for guidance.

Sample Memos

The Willem C. Vis Moot Court website provides past


award-winning memos
These serve as an excellent guide for formatting and
structuring your memo for submission

Structure of Arguments at the Moot


Three arbitrators will hear arguments from two parties

each with two representatives

Claimant

Procedural Issues
Substantive Issues

Respondent

Procedural Issues
Substantive Issues

The parties will decide on an order and allocations of

time amongst themselves and present this agreement to


the tribunal

Often 14 and 1, 14 and 1.

Oral ArgumentsCan be separated


Time: 30 minutes divided between Procedural and

Substantive issue

The team member that is not arguing should keep time


and provide warnings while the other team member is
making oral arguments. Practice with cards. Strike
sheets- beware of making motions.

Addressing the Tribunal, introducing yourself and

your client

My name is _____ and I represent the


Claimant/Respondent _____

Oral Arguments
Introduction and outline of issues

Provide a roadmap of the important issues and how the tribunal should
resolve them. Quick and dirty. Make the sentences count.

Argument: cite relevant provisions and authority

When asserting a claim provide some background either an authors name


or the name of a case. Lead with statement, then provide authority.

Consulting your notes/outline

Use your notes as little as possible. You would like it to appear as though you
are having a conversation rather than reading a script. Requires thorough
knowledge of the material and outline.

Questions by the Arbitrator

Provide Direct Answers then explain

Concluding the argument

Keeping on track
You will likely be interrupted.

Answer the question with the best compelling argument you


have.
If the arbitrator still presses the issue and you are in a tough
spot, transition!

Transitions keep you on target

You may say things like: Even if Mr./Mrs. Arbitrator is not


persuaded, our other argument lets us win.
Then AFTER answering the question asked, launch into the
next argument.