Eighth Annual

WILLEM C. VIS (EAST)

INTERNATIONAL COMMERCIAL ARBITRATION MOOT
Hong Kong SAR
Octob! "#$# % A&!il "#$$
O!al A!gu'nt(
) % $# A&!il "#$$
THE R*LES
O!gani+, b-.
Th Vi( Ea(t /oun,ation Li'it,
INTRO0*CTION
I. Th Will' C. Vi( (Ea(t) Int!national Co''!cial A!bit!ation Moot

1. The Willem C. Vis (East) International Commercial Arbitration Moot is an annual
competition of teams representing law schools throughout the worl (the !Moot!). In the
"e#enth Annual Moot in $%%&'$%1%( )* law school teams from 1+ ifferent countries
participate. Aroun ,*% stuents were members of the teams. The Vis East Moot was
-uge b. $%% law.ers an professors from aroun the worl.

$. 1oal(. The Moot is intene to stimulate the stu. of international commercial law(
especiall. the legal te/ts prepare b. the 0nite 1ations Commission on International
Trae 2aw (01CIT3A2)( an the use of international commercial arbitration to resol#e
international commercial isputes. The international nature of the Moot is intene to
lea participants to interpret the te/ts of international commercial law in the light of
ifferent legal s.stems an to e#elop an e/pertise in a#ocating a position before an
arbitral panel compose of arbitrators from ifferent legal s.stems. An acti#e social
program at the time of the oral hearings in 4ong 5ong is organi6e b. the Moot Alumni
Association with the aim of promoting frienships that can last long after the Moot itself
is o#er.

7. The Willem C. Vis International Commercial Arbitration Moot is esigne to be an
eucational program with man. facets in the form of a competition. It is not intene to
be a competition with inciental eucational benefits. The rules an proceures in the
Moot shoul be interprete in the light of that goal.

II. O!gani+ation o2 th Will' C. Vi( (Ea(t) Int!national Co''!cial A!bit!ation
Moot

8. O!gani+!3 Co%(&on(o!(3 Su&&o!t!(. The Moot is organi6e b. the Vis East Moot
9ounation 2imite. It is co'sponsore b. the Chartere Institute of Arbitrators East
Asia :ranch( an hoste b. Cit. 0ni#ersit. of 4ong 5ong.

"upporting organi6ations inclue;
ArbitralWomen
Chartere Institute of Arbitrators (4ea <ffice( 2onon)
CIETAC
Coastline "olutions
45IAC
ICC Court of Arbitration
International Chamber of Commerce
5luwer
2awasia
MAA
"tar Alliance
"wiss Arbitration Association
01CIT3A2
Vis Moot in Vienna


*. The Moot consists of the preparation of a memoranum for claimant( a memoranum
for responent an oral hearings.

,. Vnu. The oral hearings will be hel in 4ong 5ong "A3( China( at Cit. 0ni#ersit. of
4ong 5ong at 5owloon Tong( an at the 4ong 5ong =roucti#it. Council across the
street. The general rouns will ta>e place from Tuesa. through 9ria.( * ' + April
$%11. The elimination rouns will ta>e place on "atura.( & April( with the final roun on
"una.( 1% April $%11.

). The first e#ent uring the oral hearings is the <fficial <pening an Welcome
3eception on Mona. e#ening( 8 April $%11.

+. Languag. The Moot will be conucte in English.

&. Will' C. Vi( (Ea(t) Int!national Co''!cial A!bit!ation Moot. The Vis Moot
(East) that ta>es place in 4ong 5ong is a sister moot to the Willem C. Vis International
Commercial Arbitration Moot. The Vis Moot (East) uses the same =roblem an the rules
are essentiall. the same as the rules below for the Moot that ta>es place in Vienna.
1e#ertheless( the. are two separate moots with separate registration( incluing
registration fee( an separate winners. The 4ong 5ong Moot is not a regional
elimination moot for the Vienna Moot. A law school can register for the 4ong 5ong
Moot( the Vienna Moot( or both. While stuents can be on both teams( certain rules
go#ern eligibilit. to participate in the oral arguments an in the memorana to be
submitte. "ee paragraphs $)( 78 an )8( below. Those intereste in the Vis Moot in
Vienna shoul #isit its web site; http;??www.cisg.law.pace.eu?#is.html.

R*LES

I. Rgi(t!ation

1%. 3egistration in the Moot is a three step process consisting of completion of the
pro#isional Team 3egistration 9orm( an( once a team recei#es a confirme place(
pa.ment of the registration fee an submission of the memoranum for claimant.
Although registrations ma. be accepte until $, 1o#ember $%1%( completion of the
registration form prior to istribution of the =roblem on 1 <ctober $%1% is esirable.
:ecause of the limite number of teams participating in this .ear@s Vis East Moot(
schools who wish to participate shoul submit their Team 3egistration 9orm at the
earliest possible ate. 4owe#er a school shoul not register unless it is certain it
will participate. A school that registers for the Vis East Moot an recei#es a
confirme place( an then rops out before pa.ing the fee will be barre from
competing in future Vis Moots.

11. 3eceipt of the Team 3egistration 9orm will be ac>nowlege to the team contact
person(s). Teams who are grante a place will recei#e an <fficial Confirmation an
In#itation letter with pa.ment instructions. Teams who are not grante a place will be
in#ite to -oin the Wait 2ist( an will recei#e a place if a confirme team rops out
before the ate for submission of the memoranum for the Claimant. 3eceipt of the
memorana for Claimant an for 3esponent will be ac>nowlege.

1$. Rgi(t!ation 2. The registration fee for the eighth Moot is 0"A+$* or
45A,(8*%. A small aitional charge is pa.able for ban> transfers to co#er the
ine#itable e/pense of 4ong 5ong'en ban> charges.
The registration fee must be pai b. $, 1o#ember $%1% in orer to compete in the
Moot( unless the Birector of the Vis East Moot has specificall. agree to a later
ate. =a.ment of the registration fee ma. be mae b. local cheCue in 4ong 5ong
Bollars( b. =a.=al on'line transfer( or b. ban> transfer to;
Account 1umber; 4":C +1) 7,*&%1 %%1
1ame; Vis East Moot 9ounation 2t
:an>; 4":C( 1 Dueen@s 3oa Central( 4ong 5ong
"wift Coe; 4":C'45'444'54
All transfer fees must be pai b. the transferor. An- a'ount l(( than *S45"6 o!
HK473)6# c!,it, to th account 8ill b collct, in ca(h at th o!al
a!gu'nt(. The transfer must also inicate the name of the uni#ersit. for which the
registration fee has been pai in orer for the account of the participating uni#ersit.
to be creite.

17. The registration fee inclues an in#itation to the Welcome reception for all team
members( coaches an accompan.ing persons on Mona.( 8 April $%11. It also
inclues tic>ets for the awars banCuet on "una.( 1% April $%11( following the 9inal
3oun of hearings. Tic>ets will be a#ailable for team members who register in 4ong
5ong( to a ma/imum of four team members( plus one for an accompan.ing team
coach. The tic>ets must be presente for amission to the banCuet. 2ost tic>ets will
not be replace. Aitional team members an accompan.ing persons are also
in#ite( but will be as>e to pa. for the actual cost of the meal( 45A**%.

18. The registration fee of a team whose registration is withrawn prior to &
Becember $%1%( i.e. the a. the memoranum for claimant is ue( will be refune
in full e/cept for euction of an aministration fee of 45A*%% an an. applicable
ban> charges.

1*. A team that submits its memoranum for claimant will be paire with two other
teams for the e/change of memorana( as escribe in =art IV below( an will be
scheule to meet those two teams in the first two oral arguments( as escribe in
=art V below. Withrawal after submission of the memoranum for claimant affects
a#ersel. at least the two teams paire for the e/change of memorana an the
first two oral arguments. Therefore( teams that ha#e submitte the memoranum for
claimant are e/pecte to participate in the entire Moot( incluing the oral arguments.
The registration fee will not be refune nor will unpai fees be wai#e for teams
withrawing after submission of the memoranum for claimant.

1,. Ta' Rgi(t!ation /o!' (TR/). The T39 inclues space for the name an
aress of the contact person. All communications concerning the Moot will
automaticall. be sent b. e'mail to that person. It is that person@s responsibilit. to
istribute all rele#ant material to the team. The names of aitional recipients of
messages concerning the Moot ma. be submitte for inclusion on the e'mail mailing
list. The postal aress gi#en for the contact person must be one that will be #ali in
Ma. $%11 for an. certificates or other material to be sent to the team after the Moot.
An. changes in the ata on the registration form shoul be sent b. e'mail to the
Moot Aministration at infoEcisgmoot.org.

1). Communications between the team an the Moot aministration through an.one
other than the esignate persons are at the ris> of the team.

II. Th 9!obl'

1+. Sub:ct Matt!. The =roblem in the Eighth ($%1%'$%11) Moot in#ol#es a
contro#ers. arising out of an international sale of goos sub-ect to the 0nite
1ations Con#ention on Contracts for the International "ale of Foos (CI"F).

1&. 0i(&ut Sttl'nt. The contro#ers. is before an arbitral tribunal pursuant to
the Arbitration 3ules of the Chamber of 1ational an International Arbitration of
Milan. The parties ha#e agree that the arbitration will be hel in Vinobona(
Banubia. Banubia has enacte the 01CIT3A2 Moel 2aw on International
Commercial Arbitration (Moel 2aw) with the $%%, amenments. Banubia(
ECuatoriana( Meiterraneo an <ceania( the four states that are( or ma. be(
in#ol#e are part. to the Con#ention on the 3ecognition an Enforcement of
9oreign Arbitral Awars (1ew Gor> Con#ention).

$%. Th A!bit!ation. :. the time the Eighth Moot begins( the claimant has file its
reCuest for arbitration( the responent has file its statement of efense an the
arbitral tribunal has been appointe. The =roblem will consist of the statements of
claim an efense with their e/hibits( an. orers of the arbitral tribunal issue prior
to the ate on which the =roblem is istribute( an the clarifications escribe
below. The Moot in#ol#es writing memorana an oral argument in support of the
positions of the claimant an responent.

$1. 0i(t!ibution. The =roblem will be istribute on 9ria.( 1 <ctober $%1%( b.
posting on the Moot@s Web site an on the Vis East website. The 032s for the
Moots are; http;??www.cisg.law.pace.eu?#is.html an http;??www.cisgmoot.org
respecti#el..

$$. /act(. The facts in the ispute that is the sub-ect matter of the Moot are gi#en in
the =roblem. 1o aitional facts ma. be introuce into the Moot unless the. are a
logical an necessar. e/tension of the gi#en facts or are publicl. a#ailable true
facts. :. wa. of e/ample;
(a) The sub-ect matter of the ispute in the 9ourth Moot was men@s suits. It was
legitimate to assume that the suits were mae of cloth. It was not legitimate to
assume that the. were( or shoul ha#e been( mae of pure wool. If a team intene
to base an argument on the material out of which the suits were mae( the team
shoul ha#e reCueste a clarification of the =roblem. :. wa. of an aitional
e/ample( a team ma. wish to base an argument on the apparent intention or state
of min of a person who sent a communication of some sort. It woul rarel. be
possible on the basis of that which is gi#en in the =roblem to state as a fact that the
person ha a particular intention or state of min. 4owe#er( it woul be legitimate to
suggest that on the basis of the facts gi#en the Arbitral Tribunal coul (or e#en
shoul) conclue that the esire intention or state of min was presentH
(b) The sub-ect matter of the ispute in the Twelfth Moot was cocoa beans. The real(
an e/treme( price mo#ements of cocoa beans uring the perio in Cuestion were
gi#en an were rele#ant to the ispute. "ince the price mo#ements in the Moot
=roblem were real( the reasons for those price mo#ements were also real. It was
permissible to refer to those reasons in the memorana( if the. were consiere to
be rele#ant. It woul also ha#e been permissible to refer to an. such facts in oral
argument( but onl. if the. ha been referre to in the memoranum of either part. to
that argument or if the. were so well >nown that the. shoul ha#e been >nown to
the other part. as a result of reasonable research.

$7. "tatements of fact allege b. a team that o not Cualif. uner paragraph $$ are
not true. Therefore( basing an argument on an. such allege facts will be
consiere to be in breach of the rules of the Moot an to be professionall.
unethical. Arbitrators will enforce this rule strictl. in both the memoranum an oral
arguments an will e#aluate the team@s efforts accoringl..

$8. Cla!i2ication(. 3eCuests for clarification of the =roblem ma. be sent to the
eicate aress; clarif.Ecisgmoot.org( at the Moot aministration( which irects
them automaticall. to =rofessor Eric :ergsten in Vienna for response( prior to
minight ($8;%% local time) Thursa.( $1 <ctober $%1%. 3eCuests for clarification
shoul be limite to matters that woul appear to ha#e legal significance in the
conte/t of the =roblem. A reCuest for clarification must inclue a short e/planation of
the e/pecte significance of the clarification. An. reCuest that oes not contain such
an e/planation ma. be ignore.

$*. Clarifications issue b. the Moot aministration in the form of a =roceural
<rer from the Arbitral Tribunal will be istribute to all registere teams b. e'mail
within a wee> to ten a.s an will be poste on the Moot website. Teams are
responsible for ma>ing sure that the. ha#e recei#e the clarifications e#en if the.
were not registere at the ate of their istribution. Clarifications issue in the name
of the Arbitral Tribunal become part of the =roblem.

III. Ta'(

$,. Co'&o(ition. Teams ma. come either from a law school or from another
uni#ersit. or post'uni#ersit. le#el institution that inclues law as part of its program
of stu.. Each participating law school or other institution ma. enter one team. A
team is compose of two or more stuents registere at the institution. "tuents
ma. be registere either for a first egree or for an a#ance egree an nee not
be from the countr. in which the institution is locate. There is no ma/imum limit on
the number of stuents who ma. be members of the team. 1o stuent who has
been license to practice law is eligible to participate e/cept with permission of the
Birector of the Moot. "tuents at bar preparation institutions who are simultaneousl.
wor>ing in a law office must reCuest a etermination as to their eligibilit. to
participate in the Moot. Eligibilit. to participate in the Moot is etermine as of &
Becember $%1%.
$). Ta'( 'a- inclu, 2o!'! &a!tici&ant(. "tuents who ha#e participate in a
3oun of ,8 in a pre#ious Vienna Moot remain eligible to participate in the oral
arguments. 4owe#er( stuents who ha#e participate in an argument in an
elimination 3oun of 7$ (1, in 4ong 5ong)( or later in a pre#ious Moot( whether in
Vienna or 4ong 5ong( ma. not participate in the oral arguments. If a team Cualifies
for a 3oun of 7$ or later (1, or later in 4ong 5ong) an oes not participate( all
members of the team are isCualifie from participation in an. future Moot in Vienna
or 4ong 5ong. Although a stuent ma. be a member of both the team that
participates in 4ong 5ong an the team that participates in Vienna( no stuent ma.
argue orall. in both Moots in the same .ear.

$+. Li(t o2 ta' ''b!(. The list of team members must be submitte at the time
the memoranum for claimant is submitte. The names must be submitte on the
form that will be mae a#ailable. Certificates of participation for participating team
members will be prepare from the lists submitte to the Moot aministration.
Therefore( the certificates of participation will show the names of the team members
e/actl. as the. ha#e been submitte. The list ma. also inclue team coaches who
wish to recei#e a certificate of participation. Members of the team ma. be roppe
or ae at an. time( but an. changes in the composition of the team must be
specificall. communicate to the Moot aministration at infoEcisgmoot.org.

$&. 9a!tici&ation. All members of the team ma. participate in preparation of the
memorana for claimant an responent.
7%. In each of the oral hearings two members of the team will present the argument.
<ther members of the team ma. not ai them uring the argument in an. wa..
Bifferent members of the team ma. participate in the ifferent hearings. Therefore(
between two an eight members ma. participate in the oral hearings. 4owe#er( to
be eligible for the 1eil 5aplan Awar for best ini#iual oralist( a participant must
ha#e argue at least once for the claimant an once for the responent. The
a#erage score per argument will be calculate an the awar will be etermine on
that basis.

IV. W!ittn M'o!an,a

71. M'o!an,a. Each team must submit a memoranum in support of the
claimantIs position to the Moot aministration b. e'mail b. minight( i.e. $8;%%(
Thursa.( & Becember $%1%. The ealine is measure at the team@s location. Each
claimant memoranum will be sent to one of the other teams b. e'mail b. 1*
Becember $%1%( or as soon after as is possible. "ubmission of the memoranum
for claimant is an integral part of the registration proceure. Therefore( teams that
fail to submit the memoranum b. & Becember $%1% will be consiere not to ha#e
complete registration for the Moot an will not be able to compete.

7$. Each team will prepare a memoranum in support of the responentIs position
in response to the memoranum in support of the claimantIs position that was sent
to it. The Moot aministration will etermine to which team a memoranum in
support of the claimantIs position will be sent. The memoranum for responent
must be submitte b. minight ($8;%%) Thursa.( $% Januar. $%11. Teams that fail
to submit the memoranum for responent b. that time will be consiere to ha#e
withrawn from the Moot at that time.

77. The memoranum for responent must be responsi#e to the arguments mae in
the memoranum for claimant. 1e#ertheless( the memoranum for claimant to
which a memoranum for responent is to be prepare ma. not ha#e mae all of
the arguments that the team preparing the memoranum for responent belie#es
shoul ha#e been mae. The team preparing the memoranum for responent ma.
eal with those issues. "uch aitional arguments (arguments in response to
arguments not mae b. .our opponent) woul not normall. be mae in a real
arbitration. 4owe#er( the. ma. be appropriate in the Moot. If such arguments are
mae( the. must be ientifie in an appropriate manner so that the -ur. -uging the
memorana an the arbitrators hearing the oral arguments will be able to consier
them separatel.. At the same time care shoul be ta>en to present a coherent
argument for the responent an not -ust a series of somewhat is-ointe responses
to the claimant@s argument.

78. C!ti2icat o2 Choic. A law school that participates in both the Vienna an the
4ong 5ong Moots is encourage to submit separate memorana to the two Moots.
4owe#er( if the same memorana are submitte to both Moots( the. can be entere
into the competition for best memoranum in onl. one of them. Therefore( when
submitting the memoranum for the claimant( all law schools that participate in both
the Moot in Vienna an the Vis East Moot in 4ong 5ong must inicate to the
aministrators of both Moots in a Certificate of Choice attache to their
Memoranum whether the same or separate memorana ha#e been submitte. If
the same memoranum has been submitte to both Moots( the Certificate of Choice
must inicate in which competition the memoranum shoul be consiere for the
awar for best memoranum. "ince the memoranum for responent must be
responsi#e to the memoranum for claimant sent to the team( the memorana for
responent in the two Moots are unli>el. to be the same. 4owe#er( if the same
memoranum for claimant has been submitte to both Moots( unless the
aministrators of both Moots ha#e been notifie otherwise( it will be assume that
the responent memorana are so similar that the. must be consiere to be the
same.
7*. 9lagia!i('. An. memoranum that inclues te/t from an. source( whether the
source was in har cop. or on the web( must set out that te/t in Cuotation mar>s
an gi#e the citation to the source. 9ailure to gi#e a proper citation constitutes
plagiarism. An. memoranum that #iolates this rule will automaticall. not be
consiere for an. awar.
7,. /o!'atting !;ui!'nt(. The formatting pro#isions liste in paragraphs 7)(
7+( 7&( 8$ an 87 are reCuire to be followe. 1o memoranum that #iolates these
pro#isions will be consiere for awar or honorable mention.

7). =aragraphs must be numbere an references to statements in either one@s
own memoranum or( in the case of the memoranum for responent( to
statements in the opponent@s memoranum for claimant must be to the paragraph
number.

7+. The memorana are intene to be of practical use to the arbitrators in eciing
the ispute. The. are not intene to be scholarl. issertations on the rele#ant law.
Therefore( citations in the memoranum shoul be limite to those that a#ance the
argument being mae. The 2ist of Authorities must reference to the paragraph in the
memoranum where the case or octrinal authorit. is cite.

7&. Citations must be in the te/t of the memoranum an not in footnotes or
ennotes. Citations in the te/t shoul be in a shortene form. The full citation shoul
be gi#en in a 2ist of Authorities.

8%. The 2ist of Authorities shoul be in a form that is intelligible to all who will rea
the memoranum. That inclues the members of the other teams( the arbitrators in
the oral hearings an the members of the -ur. who will -uge the written phase of
the Moot. Most of the reaers of the memoranum will be from other countries.
Account shoul be ta>en that the st.le of citation of -uicial ecisions or articles in
legal -ournals that is common in one countr. ma. not be intelligible to participants in
the Moot (or in an arbitration) from other countries. Therefore( e#iation from the
stanar st.le of citation in .our countr. ma. be appropriate an esirable
81. Care shoul be ta>en in the use of legal octrines an terminolog. (incluing
2atin ma/ims) common in some legal s.stems that are not foun in the CI"F(
Moel 2aw( 1ew Gor> Con#ention or the rele#ant arbitration rules an that ma. not
be >nown to teams or arbitrators from other legal s.stems. "imilarl.( care shoul be
ta>en to write in a formal English st.le that woul be appropriate for submission to a
court or arbitral tribunal. In particular( slang or contractions (aren@t( in@t) shoul not
be use. This tens to be a mista>e mae b. non'Anglophone teams that ma. ha#e
been taught not to be too formal when using English.

8$. Memorana ma. be no longer than thirt.'fi#e (7*) +K / 11 inch or A8 t.pe
pages( incluing an. statement of facts( argument or iscussion an an. conclusor.
statements. Co#er pages( tables of contents( inices( lists of authorities or other
material that oes not consist of facts( argument( iscussion or conclusions ma. be
in aition.

87. 1o t.pe st.le smaller than 1$ point ma. be use( incluing in Cuotations or other
non'argument parts of the memoranum. The memoranum shoul be t.pe at 1K
line'spacing. All margins must be at least one inch or $.* cm.

88. The name of the team an whether the memoranum is for the claimant or for
the responent must appear prominentl. on the outsie co#er page so that it can
easil. be rea without opening the memoranum.

8*. No M'o!an,u' R<i(ion. A memoranum ma. not be re#ise once it has
been submitte( whether for missing pages( t.pographical or grammatical errors or
for other problems( incluing those cause b. fault. computer software. "ufficient
time shoul be left prior to submission to #erif. the te/t to be submitte.
8,. Sco!ing o2 M'o!an,a. A -ur. will score the memorana on the basis of the
Cualit. of the anal.sis( persuasi#eness of argument( thoroughness of research(
clarit. of the writing an aherence to the elements of st.le set out abo#e. The -ur.
will ta>e into account whether arguments are base on facts not foun in the
=roblem or clarifications an that are not logical an necessar. e/tensions of the
gi#en facts. When -uging the memoranum for responent( account will be ta>en
whether it is responsi#e to the arguments raise b. the claimant.

8). The memorana for claimant an for responent will each be -uge in two
rouns. In the first roun the members of the -ur. will each recei#e four memorana.
The. will be as>e to ran> them in orer of merit. In recent .ears each
memoranum has been submitte to four or fi#e reaers. <n the basis of the results
from the first roun of -uging( the top'ran>e memorana will be selecte for
submission to a separate -ur. for etermination of the winners of the awars for best
memoranum in each categor..

8+. /o!'at 2o! Sub'i((ion o2 M'o!an,a. The memoranum must be submitte
in =B9 as a single computer file so that the memoranum can be printe complete
with co#er page. Care shoul be ta>en that the =B9 file oes not e/cee one
megab.te. Memorana that e/cee one megab.te will be returne with a reCuest
that the. be recon#erte to a smaller file. In aition( at the same time the
memoranum for claimant is sent( the names of the members of the team with e'
mail aresses must be submitte on the form that will be pro#ie.

8&. 9lac 2o! Sub'i((ion o2 M'o!an,a. Memorana must be submitte b.
email to; infoEcisgmoot.org.

*%. M'o!an,a 0u 0at(. The ates on which memorana are ue are as
follows;

Memoranum for claimant; Thursa.( & Becember $%1%
Memoranum for responent; Thursa.( $% Januar. $%11

*1. 3eceipt of the memorana will be ac>nowlege.

*$. The esignate contact person(s) for each team will be sent b. e'mail the
memoranum for claimant of another team( to which a memoranum for responent
must be prepare. The memoranum will be sent within a wee>( or as soon after as
is possible. If none of the contact person(s) will be a#ailable at the e'mail aress
gi#en uring that perio( a substitute person or aress must be notifie to the Moot
aministration prior to 1 Becember $%1%.

*7. <n $, Januar. $%11( or as soon thereafter as possible( the esignate contact
person(s) will be sent b. e'mail the memoranum for responent prepare in repl.
to its memoranum for claimant as well as the memorana of the other teams
against which it will argue in its thir an fourth oral hearings.

*8. Teams that enter the elimination rouns will 1<T recei#e the memorana of the
teams against which the. are to argue in those rouns.

**. Co&-!ight. Memorana once submitte shall be the propert. of the Vis East
Moot 9ounation an ma. be cop.righte b. the 9ounation.

*,. E=chang o2 ''o!an,a. Teams ma. e/change memorana after the
memoranum for responent has been submitte( but not prior to that time.

V. O!al Ha!ing(

*). Vnu. The oral hearings will be hel primaril. at the 9acult. of 2aw of Cit.
0ni#ersit. of 4ong 5ong( +7 Tat Chee A#enue( 5owloon Tong with aitional
hearings at the 4ong 5ong =roucti#it. Council across the street.

*+. 1n!al Roun,(. Each team will argue four times in the general rouns( twice
as claimant an twice as responent. In its first two oral hearings( each team will
argue once as claimant an once as responent. The responent will be the team
that prepare the memoranum for responent in opposition to the memoranum
for claimant that was sent to it. In its thir an fourth oral hearings the teams will
argue against teams with which the. were not paire for the purpose of preparing
written memorana.

*&. The general rouns will be scheule so that( in principle( each team will argue
once per a.( Tuesa. through 9ria.. If it is not possible to scheule in this
manner( a team ma. be scheule to argue twice on the same a. with no
argument on one of the three other a.s of the general rouns.

,%. 0u!ation o2 O!al 9!(ntation. The oral presentation of each team is( in
principle( thirt. (7%) minutes. The team shoul allocate eCuitabl. the time a#ailable
to the two ini#iual a#ocates. 4owe#er( the arbitral tribunal ma. e/cee the time
limits state so long as neither team is allowe more than fort.'fi#e (8*) minutes to
present its argument( incluing the time necessar. to answer the Cuestions of the
tribunal. It will be the responsibilit. of the tribunal to ensure that the teams are
treate fairl..

,1. A!gu'nt(. Claimants an responents in their first hearing shoul e/pect to
rel. on the arguments gi#en in their written memorana or to be prepare to -ustif.
wh. that position has been abanone. In subseCuent hearings arbitrators ma. be
less emaning on this score as it is e/pecte that teams will impro#e their
arguments uring the Moot.

,$. >u(tion( b- A!bit!ato!(. The arbitrators are reCueste to act uring the oral
hearings the wa. the. woul in a real arbitration. There are significant ifferences in
st.le epenent both on ini#iual personalities an on perceptions of the role of an
arbitrator (or -uge) in oral argument. "ome arbitrators( or arbitral tribunals( ma.
interrupt a presentation with persistent or e#en aggressi#e Cuestioning. <ther
arbitrators( or arbitral tribunals( ma. listen to an entire argument without as>ing an.
Cuestions. Therefore( teams shoul be prepare for both st.les of oral presentation.

,7. O!,! o2 &!(ntation. "ome panels of arbitrators will as> one team to present
its argument on all of the issues before the other team is permitte to present its
argument. <ther panels of arbitrators will as> both teams to argue one issue first
before the. both argue in respect of a secon issue. 1ormall. the part. who has
raise the issue will argue first. Therefore( normall. the claimant woul argue first( if
it is to present its arguments on all of the issues before the responent is permitte
to argue. 4owe#er( if the responent has raise an ob-ection to the -urisiction of the
Arbitral Tribunal or other such efense( the panel woul normall. as> it to present its
arguments on that issue before the claimant respons to it.

,8. The arbitrators will ecie whether rebuttal arguments will be permitte.
Whether or not rebuttal will be allowe can be e/pecte to change from one
argument to the ne/t.

,*. E=hibit(. 1o e/hibits ma. be use uring the oral arguments that o not come
irectl. from the =roblem. E/hibits that are esigne to clarif. time seCuences or
other such matters ma. be use( but onl. if the arbitrators an the opposing team
are in agreement. 9or technical reasons the e/hibits ma. not consist of o#erhea or
=ower =oint pro-ections or reCuire the use of a stan.

,,. Sco!ing. Each arbitrator will score each of the orators on a scale of $* to *%.
The scores of the two orators will be ae to constitute the team score for that
argument. Therefore( each team coul score a ma/imum of 1%% points per arbitrator
per argument( or a theoretical ma/imum of 1$%% points for the four arguments.
Arbitrators will score the oral arguments without >nowlege of the results of earlier
arguments. "ome arbitrators will ha#e participate in e#aluating the memorana of
teams whose oral arguments the. later hear. Although the. will be aware of their
own e#aluation of the memorana( the. will be without >nowlege of the e#aluations
gi#en b. other arbitrators.

,). /i!(t Eli'ination (Eighth) Roun,. After the general rouns( the scores of each
team for its oral presentation in the four arguments will be totale. The si/teen
teams that ha#e obtaine the highest composite scores will meet in the first roun(
at &;%% am on "atura. & April. If there is a tie for 1,th place( the ecision as to
which team will enter the elimination rouns will be etermine b. lot. The teams
will be paire so that the first an si/teenth( secon an fifteenth( etc. will argue
against one another. 3an>ing of a team in the Feneral 3ouns will not be i#ulge
until after the close of the Moot an then onl. to the team concerne.

,+. >ua!t!%/inal Roun,. The eight winners of the 3oun of 1, will meet in the
Duarter'9inal 3oun on "atura. & April at 1$;%% noon
,&. S'i%/inal Roun,. The four winners of the Duarter'final 3oun will meet in the
"emi'final 3oun on "atura. & April at 7;%% pm.
)%. /inal Roun,. The two winners of the "emi'final 3oun will meet in the 9inal
3oun on "una. morning 1% April at 1%;%% am.

)1. 0t!'ination a( to 8hich ta' i( clai'ant an, 8hich i( !(&on,nt. If the
two teams in an. of the elimination rouns( incluing the final roun( argue against
one another in the general rouns( the. will argue for the opposite part. in the
elimination roun. If the. i not argue against one another in the general rouns( in
the first elimination roun the etermination as to which team will be claimant an
which will be responent will be etermine b. lot. In the following rouns( when
one of the two teams in the preceing roun was claimant an the other was
responent( the. will argue for the opposite part. for which the. argue in that
preceing roun. If both teams argue for the claimant or both argue for the
responent in the preceing roun( the ecision as to which team will be claimant
an which will be responent will be etermine b. lot.

)$. Winning Ta'. The winning team of the oral phase of the Moot is the team that
wins the final roun.

VI. A((i(tanc

)7. W!ittn M'o!an,a C!ti2icat. Although the stuents shoul o all the
research an writing of the memorana themsel#es ' without assistance from
an.one who is not a stuent member of the team ' facult. a#isors( coaches an
others ma. help ientif. the issues( comment on the persuasi#eness of the
arguments the stuents ha#e mae in rafts an( when necessar.( suggest other
arguments the stuents might consier emplo.ing. 4owe#er( the final prouct must
be that of the stuents( not of their a#isors. A certificate b. the person whose name
appears on the registration form stating that no person other than a stuent team
member has participate in the writing of the memoranum must be submitte b. e'
mail with the memoranum.

)8. O!al Ha!ing(. There is no restriction on the amount of coaching that a team
ma. recei#e in preparation for the oral hearings. It is e/pecte an encourage that
teams will ha#e practice arguments( whether against other members of the team or
against other teams that will participate in the Moot. The onl. restriction is that no
team shoul ha#e a practice argument against a team it is scheule to meet in
either the Vienna or 4ong 5ong Moot.

)*. In each oral hearing two members of the team will present the argument. 1o
communication with other members of the team who ma. be present at the hearing
is permitte.

),. <ne purpose of the Moot is to e#elop the art of a#ocac. in international
commercial arbitration proceeings. <bser#ance of the performance of other
participants is one wa. to e#elop that art. Therefore( attenance of team members
at the arguments of other teams is permitte( e/cept that no ta'3 o! 2!in,( o!
!lati<( o2 ''b!( o2 a ta'3 i( &!'itt, to attn, a!gu'nt( o2 oth!
ta'( again(t 8hich it i( (ch,ul, to a!gu at a lat! ti' in th gn!al
!oun,(. This rule e/tens to the #iewing of arguments in practice arguments.
Violation of this rule will isCualif. a team from participation in the elimination
rouns. "ee also paragraph *, on e/change of memorana.

)). /il'ing o2 a!gu'nt(. 9ilming of arguments is permitte if one with the
agreement of the other team an the arbitrators. 9ilming must be one in such a
wa. as not to isturb the argument.

VII. A8a!,(

)+. The awars gi#en in the Vis East Moot are;

E!ic B!g(tn A8a!, for :est Written Memoranum for ClaimantH
/ali Na!i'an A8a!, for :est Written Memoranum for 3esponentH
Nil Ka&lan A8a!, for :est Ini#iual <ralist in the general rouns( for the
ini#iual a#ocate with the highest a#erage score uring these rouns. To
be eligible for this awar a participant must ha#e argue at least once for the
claimant an once for the responent.
0a<i, Hunt! A8a!, for the 2aw "chool Team =re#ailing in <ral Arguments.
This awar will be mae to the winning team in the final roun of the oral
hearings.
Th S&i!it o2 th Moot A8a!,( for the team which has ha to o#ercome the
most obstacles in orer to participate.

)&. Certificates will be prepare for all members of teams that win an awar or
honorable mention in one of the three team categories as well as for those who
recei#e an awar or honorable mention for best ini#iual oralist. The certificates
can be collecte at the Fala 2unch which follows the 9inal 3oun( or otherwise will
be sent b. post appro/imatel. one month after the close of the Moot to the person
whose postal aress was gi#en on the registration form.
VIII. Int!&!tation o2 th Rul(

+%. 3eCuests. 9or interpretation of these rules( reCuests ma. be aresse to Vis
East Birector 2ouise :arrington. All interpretations( as well as an. wai#ers(
consents( or other ecisions are at the iscretion of the Vis East 9ounation in its
aministration of the Moot.

I?. Contact 0tail(

+1. All communications in regar to the Moot shoul be sent to;
Ms 2ouise :arrington( at; infoEcisgmoot.org or b. telephone to; (+*$) ,8%& %7*,.
Modifications of the Rules between the Seventh and Eighth Moots other than
changes in dates and inconsequential editing changes:
1. Paragraph 10 introduces the new Registration procedures for the
Vis East Moot.
$. =aragraph $) sets out etails regaring eligibilit. of past Moot participants.

7. =aragraph 7* introuces a specific prohibition against plagiarism. This
shoul not ha#e been necessar.( but unfortunatel. it is.
8. =aragraph 8+ pro#ies that the memorana must be submitte in =B9.
=re#iousl. it was a recommenation( but not a reCuirement.
*. 9or the first time( the number of teams participating in the Vis East will be
limite. The ma/imum number of teams is +%. There were )* teams
participating in Vis East ). The Vis East 9ounation reser#es the right to
amit more or less than +% teams( in its sole iscretion.
,. The Team 3egistration 9orm is submitte onl. b. email #ia the Vis East
website( an nee not be signe.
). :an> transfers etails ha#e been changeH please see paragraph 1$ for the
new ban> etails.
* * *