Moot Court: International Commercial Arbitration

Credits: 
12
Objectives: 

 

NB: This course will not be given during the academic year of 2017-2018!

 

Please note that the Moot Courts are usually very competitive and, therefore, require from the students willing to participate a lot of hard preparatory work and dedication. There is a selection process prior to enrollment into this course!

 

1. Impart a thorough understanding of the importance and functioning of international commercial law and of commercial arbitration.

2. Identify and analyze issues of fact and law that arise in a business context and in a commercial arbitration .

3. Conduct research on the different positions that one may take vis-à-vis a legal case, taking into account the international context of the dispute and keeping in mind the respective positions to be defended (being that of claimant, or respondent). The students employ a comparative legal method and get acquainted with the different methods used in the common law and the civil law systems.

4. Be able to draft memoranda in English defending opposite positions of claimant and consecutively of respondent.

5. Defend the respective positions orally and become proficient in the art of advocacy.

6. Understand and situate legal reasoning against the cultural background in which it is employed through the encounter with teams from more than 200 universities worldwide.

Contents: 

Assignment 1: identify and analyse the issues of international business law and international commercial arbitration that arise in the mock case, and study the relevant law, case-law and doctrine on these issues.

Assignment 2: draft written memoranda in English on the positions of both claimant and respondent in this mock case, and underpin their respective positions with relevant legal arguments.

Assignment 3: incorporate the written arguments into a pleading note that anticipates the points of view and arguments raised by opposing counsel; participate in the oral sessions organized in the pre-moot and the actual moot competition in Vienna.

Key words: 
International commercial arbitration, international sales law, moot court, training of written and oral skills
Faculty members: