EXAMPLE MEMORANDUM AND ORAL ARGUMENT

Vis International Commercial Arbitration Moot

General Structure

Cover pageTable of Contents

all sections, headings and page numbers Index of Abbreviations

Ex. CISG, UNCITRAL, ICCIndex of Authorities

Scholarly works, articles and legal sources Index of Cases

Court cases and arbitral awardsStatement of Facts Summary of Argument ArgumentConclusion

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 sentencesDo 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 Arguments—Can 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 author’s

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.