One of the most valuable aspects of international moot courts, like the Vis International Commercial Arbitration Moot, is the feedback students receive from the judges and arbitrators. Over the last 30 years, the Vis moot has continued to grow and adapt to new challenges, yet there is one particular piece of feedback that returns each year from arbitrators across all different backgrounds: Smile. "Smile! Your argument was good, you should smile though". It is nearly always said with the very best of intentions, and yet never particularly helpful.
Students participate in moot courts to gain and strengthen their analytical and advocacy skills for their future practice. Smiling is commonly understood as the act of arranging one's mouth in a way that signals happiness, joy, or frivolity to others. Most mooties will fail to see the connection between grinning widely and convincing an arbitrator that the CISG applies to a contract. More than confused, students may feel disappointed or patronized by such feedback. International moot courts bring together students and jurists from many cultures and backgrounds, so what may seem like a friendly and polite aside in one jurisdiction can be baffling or offensive in another. Furthermore, there has been an increased awareness of the subtle sexism of this phrase (of which much has already been written). Aside from these very good reasons why we should never request a smile, it is simply unhelpful advice.
Most arbitrators know all of this. Why then is this particular feedback still so common? In my experience as a judge, coach, participant, and Pisces, "you should smile" is often used to convey one of two possible sentiments. The first is "you are making me feel uncomfortable because you seem so uncomfortable. Perhaps if you seemed more relaxed and at ease with what you are saying I would be able to focus more on your arguments and less on my discomfort at your discomfort". The second is "I am having a hard time believing what you are saying because my human experience has shown me that when people believe what they are saying, they say it with ease and conviction, and it seems you are nervous and unsure". Human beings have a hard time expressing this level of honesty with those closest to us, so these can be difficult things to say to a stranger you know has just poured their heart out in a pleading. So instead we say "good job, try to smile more!"
The good news for mooties is that there are some steps you can take that may prevent this feedback, or more importantly, solve the problem the arbitrators are actually trying to address when they make it. All of these tips are aimed at making you feel more at ease while pleading.
Build a strong theory of the case. Immerse yourself in your client's position and be sure to always have in mind general principles of fairness and common sense, not just legal theory. Remember you are convincing a person not a machine. Each one of us uses narratives every day to communicate information, so getting in the habit of thinking of your pleading as telling your client's story will already move you closer to the mindset of pleading a case rather than sitting an oral exam. Your brain will register this as a familiar task, rather than a scary alien setting.
Watch speakers you find convincing. Of course, videos of previous moot finals are a great place to start. You can also watch compelling interviews, speeches, or press conferences with speakers you find particularly engaging or poised. Ask yourself what do they do that makes them effective speakers. How do they create emphasis? How do they convey sincerity and conviction? What makes their speech easy to follow? After a few clips, you will notice that there is no single "right" way to give a convincing speech. Each person should have their own speaking style that fits them and their unique personality, so do not try to simply mimic someone else, but rather take some time to think about what your speaking style is, and then consider what elements you can incorporate from those great orators you've watched.
Identify a game day ritual that makes you you feel calm and energized. This may be a special playlist you listen to before your rounds, going for a run, or 30 minutes of yoga. One of my favorite ways to get an instant calm is through a practice called progressive muscle relaxation. Whatever works for you, stick with it, and prioritize it especially on days that you will plead. Nerves are totally normal and to be expected, but they can be managed. The moot is great training for arguing a case. A key skill needed to do this successfully is performing under pressure. The palm-sweat inducing situations don't end after graduation, so it is worthwhile to find out now what techniques work for you to tame your nerves so you appear composed and confident.
All my advice here could probably be summed up in two words: "calm down". But as no one in the history of humankind has even been made more calm by being told to "calm down", I will rather tell you to embrace the confidence that comes with good preparation. Do your homework, think deeply about your arguments – follow them to their logical conclusions, prepare flexible roadmaps, listen to your coaches, engage in difficult Q&A sessions with teammates – hold each other accountable for sound and convincing arguments. If you do all of this, when you sit down in front of your screen and press unmute you will take a deep breath and plead with the polite, professional confidence of someone who believes what they are saying. It feels so good, I promise you won't need a reminder to smile.
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