CENTER FOR INTERNATIONAL LAW AND JUSTICE INTERNATIONAL MOOT COMPETITION ON MARITIME ARBITRATION MARCH 2011 THE RULES MOOT DIRECTOR DMYTRO KOVAL

Transcription

1 CENTER FOR INTERNATIONAL LAW AND JUSTICE INTERNATIONAL MOOT COMPETITION ON MARITIME ARBITRATION MARCH 2011 THE RULES MOOT DIRECTOR DMYTRO KOVAL MOOT COORDINATOR ANTHONY KASSAMALI ODESSA-UKRAINE

2 1. ORGANIZATION International Moot Competition on Maritime Arbitration is the maritime arbitration competition for law schools from all over the world. The purpose is to provide the law students an opportunity to develop knowledge in maritime arbitration and to develop their abilities to persuade as well as their written and oral advocatory techniques. 2. TEAMS 2.1. Number and Composition of Teams. Each law school may be presented only by one team. Teams should be composed of two to four law students and may be accompanied by a couch. Each member of the team must contribute to the team`s brief and must argue during at least one round of the competition Substitution. In a case of emergency or obstacles with written permission of the board, the law school may send an alternative team member. 2.3 Assistance No team may receive assistance in the form of guidance in research or constructing arguments from other students, professors, attorneys before the deadline for Memorandum submission. 3. REGISTRATION 3.1. Application form and Fee. Each team must register for the Competition by filling the Application form. The Application form should be sent to the of the Moot Coordinator. The Registration deadline is 20 January. The Registration fee of 200 EURO (for a team) should be paid till 15 February. The bank account will be sent to the Team Contact Person, which should be indicated in the Application form Identification Number After registration, a team will receive an Identification number. Therefore each team must identify their Memorandum only with its assigned number. No team may include any identifying information in its Memorandum other than its Identification number Application Form The Application Form shall include a space for the name and address of the Team Contact Person. The Team Contact Person can be either team coach or the member of the team itself. The Team Contact Person is expected to check the Moot Website and frequently (particularly as the oral rounds approach) and be effective and responsible for distributing all materials to the team members Withdrawal of Registration The registration of the team may be withdrawn at any time prior to the 15 February. The registration fee will not be refunded after that date. 4. CASE AND GUIDANCE 4.1. The Moot Competition Case The Moot Competition Case shall be the hypothetical case involving maritime dispute. The Moot Competition Case will be argued before the Arbitrators according to the London Maritime Arbitrator Association Terms (LMAA Terms). The Case shall be posted on the Moot Website and additionally ed to the Team Contact Person.

3 4.2. Clarification All requests for Clarification of the Moot Competition Case may be sent to the Moot Competition Coordinator by prior to 5 February. Request for Clarification must be limited to the matters that would appear to have legal significance only within the context of the Moot Competition Case. Request for Clarification shall include a short explanation of the expected significance of the Clarification. The Moot Competition Organization Committee (OC) shall examine all the Requests for Clarifications and distribute Clarifications to all teams prior 15 February through the Moot Competition Website and by to the Team Contact person. The issued Clarifications become a part of the Moot Competition Case. 5. WRITTEN MEMORANDUM 5.1 General The requirements for the Written Memorandum must be strictly followed. Any non compliance of the requirements will be penalized. Each team may write only one Written Memorandum for both sides (Claimant and Defendant) Revisions, Supplements and Additions Once the Written Memorandum has been submitted, no revisions, supplements or additions will be allowed Deadline for submission All the Memoranda must be sent by attachment before 28 February. Late submissions of the Written Memorandum beyond the stipulated date will attract 2-point penalty for each day of the delay Format of the Written Memorandum: The Table of Content The Index of Authorities The Index of Legal Sources The Index of Cases The Index of Abbreviation The Statement of Facts Arguments Request for Relief 5.5. Font size The font of the body of the Memorandum shall be Garamond, size 12.The font of the foot notes shall be Garamond, size Margins and Numbering The Written Memorandum must have one inch margin on all sides of each page. Page numbering should be at the bottom middle of each page and any annexure/photograph/ sketches/exhibits/emblems shall be prohibited 5.7. Length and Format The Written Memorandum must be no longer than 25 double spaced A4 typed pages. All Memoranda should be sent in.pdf Format 5.8. Scoring of the Written Memorandum A committee of experienced arbitrators shall score all Written Memoranda submitted and shall select the best of the each Claimant and Defendant in the Moot Competition Competition. The score should base on the following points:

4 S.No Marking scheme Marks 1 Knowledge of facts and law 20 2 Proper and articulate analysis 20 3 Extent and use of research 20 4 Clarity and organization 20 5 Correct formats and citation 10 6 Grammar and style 10 Total ORAL ROUNDS 6.1 The Schedule and Rounds The Schedule for the preliminary rounds will be posted on the Moot Competition Website by the 1 March. Each team will compete in two preliminary rounds arguing for Claimant and Defendant once. The team will receive comments and feedback from the arbitrators at the close of each round. The Semi Final and Final Rounds shall take place according to the announced schedule. Two teams shall progress to the Final Round Time Each team will get a total of 40 minutes to present their case. The time includes questioning by arbitrators. A maximum of 5 minutes may be reserved for rebuttals or sur-rebutals. Arbitrators may at their discretion, extends the time allotted for the oral arguments up to maximum of 10 minutes The division of time is at the discretion of the team members. Division of time should be informed to the Court assistants before the beginning of the rounds The Written Memorandum and Oral Rounds The oral arguments need not be confined to the issues presented in the Written Memorandum Evaluation of the Oral Rounds The marking scheme for the evaluation of the oral arguments shall be the following: S.No Marking scheme Marks 1 Knowledge of facts and law 20 2 Logic and Reasoning to apply the legal principles 20 3 Ingenuity and ability to answer questions 20 4 Time management and organization 20 5 Court Etiquettes 10 6 Persuasiveness 10 Grand total AWARDS Best Teams Award Second Best Team Award Best Written Memorandum (Claimant) Best Written Memorandum (Defendant) Best Oral Speaker 8. COPYRIGHT

5 Once Written Memorandum has been submitted, copyright in those memoranda shall vest within the Centre for International Law and Justice. 9. DISCLAIMER International Moot Competition on Maritime Arbitration is based on purely hypothetical problem therefore everything with the problem has no any relation to any legal or physical person. The Moot Competition Case is made solely for the purpose to train the law students 10. CONTACTS In case of any queries regarding to the competition feel free to contact the OC. The use of is encouraged. Address: Centre for International Law and Justice 10-1 A. Ahmatova street ODESA T: W: cilg.org.ua