Vis Problem Is Up

The problem is up for the 22nd Annual International Commerical Arbitration Moot. Between now and early December, teams will write the brief for the Claimant.  In mid January the brief for the Respondent is due. And then, in March,  200-300 teams from law schools around the world will gather in Vienna for the competition. 

There is no limit to the  number of students on a team but they must argue in pairs. Typically one student handles the procedural issues and one the substantive or the CISG issues. There are 4 rounds to start with the 64 highest scoring teams moving on to a single elimination tournament.

The problems  identify an actual arbitration agency whose rules govern the procedures, This year the procedural issues center around whether the Claimant the right to make an emergency appeal to the arbitration agency and whether the Respondent may join the parent company of the Claimant for purposes of its counterclaim.  In one of those puzzles that charactizes the Moot, the parent company “endored” the contract at issue but claims not to be a party do it.

The substantive issue concerns a letter of credit which does not conform (or does it?) to what was called for in the contract. The buyer attempts to “cure” in a sense but the seller says “too late, we have already avoided the contract.” Thus, it raises avoidance and cure isssues under the CISG.

This is, at best, a first cut on the problem. As the weeks pass, the problem will reveal itself as the layers are peeled off. 

I am happy to trade notes and views with other interested profs.   

[In the meantime, try to find the third man.]