Notes on Oral Advocacy at the VIS Moot Competition

Introduction

• Welcome to the 12th session of the Education and Training series for the 31st VIS International Commercial Arbitration Moot Competition.
• Presented by African the Moot and supported by the Arbitration Channel.
• Speaker: Professor Dana McGrath, a leading independent arbitrator with over two decades of experience in international arbitration.

Overview of the Lecture

• Theme: Dos and Don'ts of Oral Advocacy at the VIS Moot Competition.
• Metaphor: Figure skating, representing the elements of effective oral advocacy.
• Structure of the Lecture:
  • Short skate Elements (required elements)
  • Long skate Elements (important but not required)
  • Teamwork
  • Going for the gold (deeper areas of exploration)
  • Avoiding a fall (mistakes to avoid)
  • Rebuttal strategies

Short Skate Elements (Required Elements)

Structure of Arguments

• Introduction: Introduce yourself and your colleague, provide a roadmap of your argument.
• Road Signs:
  • "Turning to my first issue" after finishing the first issue.
  • Mini conclusion for each issue and a final conclusion.
• Time Management: Ensure to leave time for a full conclusion.
• Substance and Style:
  • Cite key laws and facts effectively.
  • Rely on contemporaneous evidence (exhibits) over pleadings.

Long Skate Elements (Additional Aspects)

• Team Theme: Choose a consistent theme for the argument.
• Key Authorities: Identify the most important legal authorities.
• Key Facts: Highlight key exhibits to strengthen your argument.
• Commercial Reasonableness: Frame arguments in a commercially reasonable manner.
• Enforceable Awards: Ensure the tribunal is aware that the requested relief will be enforceable worldwide.

Teamwork

• Knowledge Sharing: Know your argument and your partner's.
• Engagement: Be attentive while your partner speaks, take notes on tribunal questions.
• Body Language: Maintain neutral and professional expressions.
• Time Keeping: Use discreet cards to signal time remaining.
• Support: Help your partner if they stumble or get stuck.

Going for the Gold

• Understanding Law and Context: Know the broader context of law and arbitration.
• Thorough Case Knowledge: Read the record multiple times for familiarity.
• Focus on Central Facts: Highlight the most relevant facts during arguments.
• Answering Questions: Respond clearly to tribunal questions.
• Maintain Control: Don’t let the tribunal dominate the argument time.

Avoiding a Fall

• Strongest Arguments First: Start with your strongest points.
• Acknowledgment of Weakness: Be honest about weaknesses without conceding the entire argument.
• Avoid Reading Notes: Make eye contact, don’t read from notes extensively.
• Avoid Colloquialisms: Use professional language.

Rebuttal

• Purpose of Rebuttal: Address key points made by the opposing side.
• Team Conferencing: Briefly discuss rebuttal points with your partner.
• Answering Tribunal Questions: Be prepared for questions during rebuttal.

Audience Engagement

• Diverse Audience: Prepare for different arbitrator styles (common law vs civil law).
• Timing Practice: Conduct practice sessions under different questioning styles.

Questions and Answers

• Addressing Arbitrators' Questions: Answer briefly and defer to your co-counsel as needed.
• Unanswerable Questions: If a question is unclear, acknowledge it and offer to follow up.
• Individual Style: Balance personal delivery style with the recommended structure.

Conclusion

• Enthusiasm and confidence are crucial for effective advocacy.
• Maintain professionalism throughout all interactions with the tribunal.