VIS. ICA. Moot

Structuring Your Oral Submission

 Recap

 
Main goals of your submission:
 
            1. Get the attention of the tribunal.
            2. Get the tribunal to remember the case and its facts.
            3. Make the tribunal decide inevitably in your favor.

 
Structure you submission

Initiating Counsel


  • Briefly introduce yourself, your co-counsel and state the party you represent.
  • Disclose how you are going to split the issues; if there was no decision by parties and the tribunal has not decided on the issue of time management, state how much time you reserve for rebuttal.
  • Present short version of the story and/or the “red-line” you are going to tell them. In fact, try to answer the     question “Why are we here?” both from the procedural point of view, as well as regarding the merits.
  • Signal the move to the 1st issue to address.
    • Present the road map of the argument. Do not forget to show whether you are building a line of consecutive or alternative arguments.
    • Once again, you may stress the issue specific “red-line” of argument. Do not forget to start strong and end strong.
    • Put high caliber argument in the beginning, supported by follow up arguments. In the end, recap what should be remembered.
    • Conclude on the issue and signal move to 2nd issue you are dealing with.
 

Concluding Counsel

 

  • You may restate your name.
  • Refresh the issues you are going to address.
  • Signal the move to 1st issue to address. … (same as in B4).
  • Conclude on the whole submission. This is team’s last chance to impress the panel, do not waste it. Prepare a strong ender. Short maybe witty remark to introduce the request for relief.
  • Finally, briefly restate the conclusion on each of 4 issues your team has addressed.

Rebuttal

 

Rebuttal is the best place to score points against your opponent, but also the best place for you to screw-up your argument. But, all main arguments must be addressed during the main pleading. Do not consider rebuttal as perfect place to play your ace.

 
Long rebuttals invite new questions and will derail their purpose.  Do not try to rebute everything opposing party have said. A good rebuttal will be focused, brief, and it will point out the failings of opponent’s argument. If there was a unexpected yielding from the argument (that may especially happen once the arbiters start to ask difficult questions) use it in your advantage. 
 
 
 
Remember, you should not just repeat your position. Rebuttal should be responsive; a superior rebuttal will focus on a question asked of your opponent and use it to their disadvantage. Whenever you feel confident enoough, you will always do well if you play "policy" or "consequences" card.
 

 

To summarize:

  • Keep attention and make notes as the opposing counsel is speaking.
  • Do not try to address their entire argument or go through your entire argument again.Pick one or two points that the opposing party addressed and rebut them.
  • Firstly, be sure you identified fot the tribunal the point you are going to refute.
  • Tell the tribunal why the other party is wrong on those few points. If you must repeat something from your main argument, say it in a new way.
  • Request your relief again.

Important thing to remember:

 

Speak s-l-o-w-l-y, LOUDLY!, confidently, calmly, and take your time.

SLOW and STEADY.

Don’t speak until you're ready.

 

Předchozí
Následující