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模 擬 商 事 仲 裁Commercial Arbitration Moot

模擬商事仲裁とは?

◆模擬商事仲裁の概要および参加マニュアルとしまして、次をお読みください(日本語)。

    齋藤 彰(神戸大学・教授)
    『香港での模擬国際商事仲裁参加の勧め』
    -The Annual Willem C. Vis International Commcercial Arbitration Moot参加マニュアル-

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The Annual Willem C. Vis International Commcercial Arbitration MootWillem C. Vis

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Goal of the MootGoal of the Moot

The goal of the Vis Arbitral Moot is to foster the study of international commercial law and arbitration for resolution of international business disputes through its application to a concrete problem of a client and to train law leaders of tomorrow in methods of alternative dispute resolution.

Structure of the MootStructure of the Moot

The business community's marked preference for resolving international commercial disputes by arbitration is the reason this method of dispute resolution was selected as the clinical tool to train law students through two crucial phases: the writing of memorandums for claimant and respondent and the hearing of oral argument based upon the memorandums -- both settled by arbitral experts in the issues considered. The forensic and written exercises require determining questions of contract -- flowing from a transaction relating to the sale or purchase of goods under the United Nations Convention on Contracts for the International Sale of Goods and other uniform international commercial law -- in the context of an arbitration of a dispute under specified Arbitration Rules. In the pairings of teams for each general round of the forensic and written exercises, every effort is made to have civil law schools argue against common law schools -- so each may learn from approaches taken by persons trained in another legal culture. Similarly, the teams of arbitrators judging each round are from both common law and civil law backgrounds.

Organization of the MootOrganization of the Moot

The Moot is organized by the Association for the Organization and Promotion of the Willem C. Vis International Commercial Arbitration Moot (Verein zur Veranstaltung und Forderung des Willem C. Vis International Commercial Arbitration Moot). Institutional members of the Verein are Pace University, Queen Mary (University of London), Stockholm University, University of Vienna, Austrian Arbitration Association, Austrian Federal Economic Chamber, Moot Alumni Association, and the United Nations Commission on International Trade Law (Secretary of UNCITRAL is member ex officio).

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LAWASIA International Moot CompetitionLAWASIA International Moot Competition

About LAWASIAAbout LAWASIA

LAWASIA is an international organisation of lawyers’ associations, individual lawyers, judges, legal academics, and others that focus on the interests and concerns of the legal profession in the Asia Pacific region. LAWASIA facilitates its members’ participation in the most dynamic economic region in the world. Since its inception in 1966, LAWASIA has built an enviable reputation among lawyers, business people and governments, both within and outside the region, as a committed, productive and genuinely representative organisation.
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About MootingAbout Mooting

The Moot Standing Committee acknowledges the importance of and observes that mooting has emerged as a critical component of legal education simply because it provides the skills training element for the fundamental skills necessary for a prospective lawyer. Indeed many leading law schools have either made mooting compulsory or forms an important part of the curriculum. Mooting offers a systematic training process of the essential skills of problem solving, legal analysis, drafting legal submissions and the development of public speaking. The ability to articulate one’s thoughts and arguments condensing disparate, often conflicting legal authorities into succinct and persuasive arguments is arguably the single most important weaponry in the lawyer’s arsenal.

Some Law Schools have yet to recognise the importance of mooting where it is considered an extracurricular activity confined to and organised by the student body. Such neglect cannot be allowed to continue if we are to raise the standards of our lawyers to meet the needs of a globalised world. We recognise that the constrains of individual Law Schools and for this reason the Committee would encourage all Law Schools not only to participate but hopes that its students would be encouraged to attend the Competition.
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