The 3 Most Important Rules of Mooting

This year's Vis Moot promises to be an extra special one. Not only is it the Moot's 30th anniversary, it is also the first time the competition will take place in person since 2020. The Moot has an extremely special place in my heart. While I've certainly learned much about arbitration, advocacy, and the CISG, I am most grateful for the wonderful people I've met over the last 14 years. Each year I look forward to meeting the new group of students who will join the moot family.

As I won't be able to travel to Vienna this spring, I would like to offer a bit of advice to the brave students about to assume their seats as counsel for claimant and respondent. Unfailingly, the best pleaders are those who have prepared the most. To prepare effectively, consider the following three rules.

1. Know Yourself

While there are some common traits that all successful pleaders share (confident, organized, clear, and courteous), there is no single "right" way to plead a case. Each pleader brings their own unique personality and perspective to their arguments. Part of good preparation requires a degree of self-reflection to consider what are your personal strengths and weaknesses as a pleader. Think about how you can highlight your strengths and overcome personal challenges. Never try to assume a personality or style that is not yours as this will come off disingenuous and not credible. For example, if you have a naturally calm and soft-spoken demeanor, use this to your advantage by delivering a measured and organized argument that bespeaks confidence in your case.

2. Know Your Setting

Come to your round prepared to deliver a professional and polite presentation that takes into account the unique setting of an international commercial arbitration. Employ the appropriate formalities and decorum that should be observed in the moot. Watching the final rounds from previous moots is an excellent way to see effective advocacy in practice and to learn the appropriate formalities. Place yourself in as similar a setting as possible while practicing to get used the experience, and really try to imagine that you are representing a real client with commercial interests at stake. If time allows before your round, by all means, look up your arbitrators to learn a bit about them. However, remember the first rule, and don't try to change your style drastically because you think it may be more convincing to a particular arbitrator.

3. Know Your Case

The single most important way you can prepare is by learning the facts of the case inside and out. Simply memorizing the record won't do the trick. The most effective pleaders are those who are able to clearly and precisely offer the tribunal a credible resolution to the issues in dispute. The best way to do this is by having analyzed every fact, every piece of evidence, and every statement in the record to determine how it helps prove or disprove your side's position. You may consider creating a proof matrix like the one below to help identify each of the elements of your claim or defense, the evidence that will establish it, and the anticipated objections or arguments from the other side. Create a new table for each claim or defense your side will argue. Disputes arise because of conflicting views, be able to pinpoint where the parties' views diverge and offer a solution based on the evidence.

Good luck und Viel Spaß to all the Mooties!