OFFICIAL RULES 2010
1. DEFINITIONS............................................................................................................................ 2
2. GENERAL PROVISIONS ......................................................................................................... 3
2.1. Organization......................................................................................................................... 3
2.2. Administration ..................................................................................................................... 3
2.3. Endorsement ........................................................................................................................ 4
2.4. Advisory Board.................................................................................................................... 4
2.5. College of Arbitrators .......................................................................................................... 4
2.6. Subject Matter...................................................................................................................... 5
2.7. Structure............................................................................................................................... 5
2.8. Venue of Oral Hearing......................................................................................................... 5
2.9. Language.............................................................................................................................. 5
2.10. Copyright ........................................................................................................................... 5
3. PARTICIPATION AND ELIGIBILITY.................................................................................... 5
3.1. Team Composition............................................................................................................... 5
3.2. Team Members’ Eligibility.................................................................................................. 6
3.3. Participation......................................................................................................................... 6
3.4. Outside Assistance............................................................................................................... 6
4. REGISTRATION ....................................................................................................................... 6
4.1. Registration Form ................................................................................................................ 6
4.2. Registration Fee................................................................................................................... 7
4.3. Official Registration ............................................................................................................ 7
5. CASE .......................................................................................................................................... 7
5.1. Dispute................................................................................................................................. 7
5.2. Drafting the Case ................................................................................................................. 7
5.3. Case Delivery....................................................................................................................... 8
5.4. Requests for Clarifications................................................................................................... 8
5.5. Bench Brief.......................................................................................................................... 8
6. WRITTEN MEMORIALS ......................................................................................................... 8
6.1. Submission of Memorials .................................................................................................... 8
6.2. Content................................................................................................................................. 8
6.3. Length.................................................................................................................................. 9
6.4. Style Requirements.............................................................................................................. 9
6.5. List of Authorities and Citations.......................................................................................... 9
6.6. Quotations............................................................................................................................ 9
6.7. Cover Page........................................................................................................................... 9
6.8. Review and Scoring of Memorials .................................................................................... 10
6.9. Receipt of Memorials of Other Teams............................................................................... 10
7. ORAL HEARING..................................................................................................................... 10
7.1. General Procedure.............................................................................................................. 10
7.2. Oral Arguments.................................................................................................................. 10
7.3. Oral Rounds....................................................................................................................... 10
7.4. Arbitrators.......................................................................................................................... 10
7.5. Communication During Oral Rounds................................................................................ 11
7.6. Publicity............................................................................................................................. 11
7.7. Evidence............................................................................................................................. 11
7.8. Scouting ............................................................................................................................. 11
7.9. Ex Parte Oral Rounds ........................................................................................................ 11
7.10. Preliminary Rounds ......................................................................................................... 11
7.11. Scoring............................................................................................................................. 12
7.12. Preliminary Rounds ......................................................................................................... 12
7.13. Quarter-Final and Semi-Final Rounds............................................................................. 12
The winning Teams of the Quarter-Finals will be paired in the Semi-Finals according to their
ranks in the preliminary rounds (see 7.13(1))........................................................................... 12
7.14. Final Round...................................................................................................................... 12
8. PRIZES..................................................................................................................................... 12
8.1. Winner of the Oral Competition ........................................................................................ 12
8.2. Best Oral Advocate............................................................................................................ 13
8.3. Best Memorial for Claimant .............................................................................................. 13
8.4. Best Memorial for Respondent.......................................................................................... 13
8.5. Highest-Ranked Team ....................................................................................................... 13
8.6. Honorable Mention of Oral Advocates.............................................................................. 13
8.7. Tie-Breakers....................................................................................................................... 13
9. PENALTIES............................................................................................................................. 13
9.1. Imposition of Penalties ...................................................................................................... 13
9.2. Penalties for Written and Oral Performances .................................................................... 13
9.3. Disqualification.................................................................................................................. 14
10. MISCELLANEOUS............................................................................................................... 14
10.1. Communication................................................................................................................ 14
10.2. Registration Form and Schedule...................................................................................... 14
10.3. Interpretation of Rules ..................................................................................................... 14
10.4. Observance of Rules ........................................................................................................ 14
10.5. Decisions of Organizer .................................................................................................... 14
1. DEFINITIONS
“Advisory Board” – an honorary body consisting of 12 prominent scholars and practitioners in
investment law and arbitration, serving staggered three-year terms.
“Bench Brief” – an outline of the issues raised by the case prepared by the Organizers for the
exclusive use of the Arbitrators, Memorial Judges and the Organizer.
“College of Arbitrators” – a body composed of the highly qualified scholars and practitioners from
which Arbitrators and Memorial Judges are selected.
“Competition” – the annual Foreign Direct Investment International Moot Competition (the FDI
Moot).
“Competition Website” – the official website of the Foreign Direct Investment International Moot
Competition, located at www.fdimoot.org.
“Final Round” – a final match between the two winning Teams from the Preliminary Rounds to
define the Winner of the Competition.
“Host” – a University or other institution hosting the Oral Hearing of the Competition.
“Oral Hearing” – the final stage of the Competition held at the Host consisting of Oral Rounds
(Preliminary and Final).
“Oral Round” – a match of oral presentations of two Teams, one representing Claimant and the
other the Respondent.
"Preliminary Round" – an Oral Round to determine a winning Team in a single match to compete
further in the Competition.
“Registration Fee” – an official fee transferred by each Team to cover the administrative expenses
for the Competition. The fee is currently EUR600 (teams from institutions in countries with an HDI
below 0.800 pay EUR400; teams from institutions in countries with an HDI below 0.600 pay
EUR200). The fee may also be paid in its US $ equivalent.
“Request for Clarifications” – an official request of a Team to clarify the Case or the Rules,
submitted to the Organizer within the time limit stated in the Schedule.
“Rules” – the official rules of the Competition including all the amendments and corrections issued
by the Organizer as necessary.
“Schedule” – the official schedule of dates for all events and deadlines in relation to the
Competition established each year by the Organizer.
“Sponsor” – an individual, commercial entity or institution providing material support to
participating teams (registration fee, travel or accommodation grants), social events during the
Competition (receptions, dinners, etc.), Competition winners (awards) and Competition in general.
2. GENERAL PROVISIONS
2.1. Organization
The Foreign Direct Investment International Moot Competition (“the FDI Moot”, “The Skadden,
Arps FDI Moot”, or “the Competition”) is an annual competition organized by the Center for
International Legal Studies (“the Organizer”) in cooperation with the following founding
institutions:
Suffolk University Law School, Boston, Massachusetts (Prof. Christopher Gibson)
Pepperdine University Law School, Malibu, California (Prof. Jack Coe)
Centre of European Law, King's College London (Prof. Piet Eeckhout, Dr Federico Ortino)
German Institution of Arbitration (DIS), Frankfurt/Cologne, Germany
Together, these Founders have signed the Memorandum of Understanding on the Establishment of
Foreign Direct Investment International Moot Competition.
2.2. Administration
1. The Organizer shall be responsible for the organization and execution of the Competition.
2. All requests regarding the administration of the Competition, implementation and interpretation
of its Rules shall be directed to the Organizer.
3. The Organizer is located at Matzenkopfgasse 19, A-5020 Salzburg, Austria; Tel. +43 (662)
835399; Fax +43 (662) 835399-22, with the Competition Website at www.fdimoot.org. All
communications with the Organizer shall be via e-mail using
4. The Organizer may designate one or more Directors of the FDI Moot.
2.3. Endorsement
The list of official Endorsers of the Competition is posted at the Competition Website and is subject
to changes as necessary.
2.4. Advisory Board
1. The Advisory Board shall consist of prominent scholars and/or practitioners in the field of
foreign investment law and dispute resolution. The Organizer shall appoint the members of the
Board for the term of three years in consultation with the Board. For the purposes of the
organization of the first Competition, all members of the Board shall be appointed simultaneously.
2. The information on current members of the Advisory Board is available at the Competition
Website.
3. The tasks of members of the Advisory Board include:
a. Representing the Competition internationally;
b. Assisting with the drafting the Case and the Bench Brief for each Competition;
c. Assisting with preparing clarifications to the Case;
d. Opening and closing the Oral Hearing;
e. Participating as arbitrators in the Oral Rounds;
f. Announcing the winners of the Prizes; and
g. Assisting in securing sponsors for teams, prizes, and the social events at the Competition.
4. All the provisions of the present Rules referring to the conduct of Arbitrators shall also be
applicable to the members of the Advisory Board serving on panels at the Oral Rounds.
2.5. College of Arbitrators
1. The Competition shall have a list of Arbitrators and Memorial Judges, appointed by the
Organizer (the College of Arbitrators). The information about Arbitrators and Memorial Judges
serving at each particular year of the Competition is available at the Competition Website.
2. Any scholar or practitioner interested in foreign investments and/or arbitration upon his/her
application to the Organizer may be appointed to the College of Arbitrators. Team coaches or any
other persons directly affiliated with Teams may also be appointed to the College of Arbitrators.
3. No Arbitrator may sit on a panel of any Oral Round involving a Team with which she/he has a
current affiliation or any other relationship that may impair the Arbitrator's impartiality. All the
Arbitrators to the best of their knowledge shall inform the Organizer about such facts.11
4. The tasks of an Arbitrator include:
1
Interpretation “[A]ny Oral round involving” an affiliated team is not limited to “any match involving the affiliated
team”, i.e. while a coach's team has not been eliminated from the competition he/she cannot be an Arbitrator of any
match. A mere acquaintance does not per se amount to a ground for disqualification.
a. Serving on arbitration panels and scoring Teams;
b. Reviewing and scoring memorials and counter-memorials; and
c. Participating in the opening and closing ceremonies of the Oral Hearing.
Each member of the College should at least perform one of these tasks every other year.
2.6. Subject Matter
1. The Competition shall involve a hypothetical dispute in connection with an investment by a
private investor in a foreign host state.
2. Relevant institutional (e.g., the Rules of Procedure for Arbitration Proceedings or the Additional
Facility Rules of the International Centre for Settlement of Investment Disputes, Arbitration Rules
of the London Court of International Arbitration) or ad hoc rules (e.g., UNCITRAL Arbitration
Rules) will apply to the proceedings.
3. The Competition begins after Claimant has filed its request for arbitration (stating general facts),
Respondent has replied in general terms; the parties have established a three-member arbitral
tribunal and a pre-hearing conference has resulted in an exchange of information and stipulation of
uncontested facts. No amicable settlement is achieved.
2.7. Structure
The Competition shall consist of two stages: preparation and submission of written Memorials for
each of Claimant and Respondent, and presentation of oral arguments at the Oral Hearings.
2.8. Venue of Oral Hearing
The Oral Hearing shall be held at the facilities of the Host and/or supporting local law firms and
international organizations determined each year by the Organizer.
2.9. Language
The Competition shall be conducted in English.
2.10. Copyright
1. All materials prepared by the Organizer and/or by the Advisory Board, or by the College of
Arbitrators for the Competition, including without limitation the Case, the Bench Brief, the
Procedural Orders, the Rules, the Schedule etc., are the exclusive property of the Organizer and
may not be used for any purpose other than administration of the Competition and/or participation
therein, without prior express written consent of the Organizer.
2. All Memorials submitted in the Competition become the sole property of the Organizer and may
be copyrighted as such.
3. The Organizer reserves all the rights to the audio and videotaping of any Oral Round, or part
thereof.
3. PARTICIPATION AND ELIGIBILITY
3.1. Team Composition
1. Any law school or other university level institution that has a law-related program of study ("the
School") may participate in the Competition. There shall be no restriction as to the number of the
Teams originating from the same country.
2. The list of Team members, stating their names and program of study, shall be submitted to the
Organizer in the Registration Form or later in accordance with the Schedule.
3. Each participating School shall form one Team composed of two or more students, with the
usual number of team members being four. There shall be no maximum limit on the number of
Team members. The registration fee includes the attendance of four team members and one coach
at the oral hearings.
3.2. Team Members’ Eligibility
1. Persons shall be eligible to become Team Members irrespective of age, nationality, citizenship,
gender, or previous participation in the Competition.
2. A student shall be enrolled in a program of undergraduate or advanced legal studies when he or
she becomes a Team member or will have completed such program of legal studies within six
months prior to the deadline to submit memorials. A visiting student, a student enrolled as an extern
or apprentice may also become a Team member. Participation of students enrolled in programs
other than law may be allowed upon prior written consent of the Organizer.
3. A student who has or will have been admitted to the bar or legal practice in any jurisdiction more
than four months prior to the deadline for submitting memorials may only become a Team member
with the prior written consent of the Organizer.
3.3. Participation
1. Each Team member may participate in drafting Memorials for Claimant and Respondent. In each
match of the Oral Rounds, each Team shall be represented by two members only. The same or
different Team members may participate in different matches arguing for Claimant or for
Respondent.
2. Teams shall not reveal their School or country of origin to the Arbitrators or the Board of
Advisers at any time during the Competition. Every Team shall be referred to by its competition
alias (e.g., fictitious name or team number).
3. Team members are responsible for their own travel to, visas for, and accommodations at the
venue of the Oral Hearings.
3.4. Outside Assistance
1. All research, writing and editing shall be the exclusive product of Team members. Teams may
seek and receive outside assistance, which shall be limited to a general discussion of the issues,
suggestions as to the research sources, general commentaries on arguments, organization and
structure, and training in preparing to the Oral Hearing.
2. Any assistance to the Teams from the members of the Advisory Board shall not be allowed. A
Team shall not be allowed to seek or receive any assistance from another Team.
3. Pre mooting among participating teams is permitted so long as teams notify the Organizer and it
does not involve exchange of memorials or other materials.
4. REGISTRATION
4.1. Registration Form
1. Every School shall fill-in and submit to the Organizer within the time-limits specified in the
Schedule the Registration Form available on-line at the Competition Website.
2
Interpretation: This means someone who graduates in May or July before the Orals is still eligible if they join the team
before graduation.
2. In the Registration Form, each Team shall designate a Team contact, communication with whom
shall be considered to constitute communication with the Team. Communication between a Team
and the Organizer via anyone other than the Team contact shall be at the risk of the Team.
4.2. Registration Fee
1. The Registration Fee shall be set by the Organizer for each year and publicized in the
Registration Form for each year’s Competition, and shall be used to cover the expenses connected
with the organization and administration of the Competition. Payment of the Registration Fee may
be made by the means set out in the Registration Form.
2. The payment of the Registration Fee shall be in accordance with the Schedule.
3. If a Team withdraws from the Competition before the deadline for submitting requests for
clarification in accordance with the Schedule, its Registration Fee shall be refunded in full, less
bank charges or any other related expenses.
4. In exceptional cases, a Team unable to pay the Registration Fee may request a waiver from the
Organizer. The Organizer may grant such a waiver in its sole discretion or may direct the Team to a
potential Sponsor.
4.3. Official Registration
1. The Organizer officially confirms on the Competition Website the registration of each Team
upon the receipt of both the Registration Form and the Registration Fee.
2. When registering, each Team shall select a Competition alias and use it instead of the Team’s
official school name on the cover pages of the Memorials and during the Oral Hearing.
5. CASE
5.1. Dispute
1. A dispute arises between a foreign private investor and a host state represented by a state
agency/organ/entity on an investment made in the host State. An investment agreement, applicable
treaty, or applicable national legislation contains an arbitration clause providing for dispute
resolution before an arbitral tribunal consisting of three arbitrators in accordance with the chosen
arbitration rules.
2. The dispute shall involve a set of theoretical and practical procedural and substantive legal issues
both in the sphere of arbitration adjudication and foreign investments. Any existing or fictitious
legal provisions may be used.
3. The dispute itself and the names of all the parties mentioned in the Case are fictitious. Any
resemblance to an actual dispute or persons living or dead is purely coincidental.
5.2. Drafting the Case
1. As far as possible, the Case shall be drafted annually by members of the Advisory Board, once
during their three-year term of service. The other Advisers shall be invited to comment on the draft
Case. The name of Advisors drafting the Case upon their express permission may be made public.
2. The Case shall consist of any relevant contracts concluded between the parties, their
correspondence prior to the date of official announcement of the Competition, notice/request of
arbitration, statements of claim and defense and their exhibits, minutes of the pre-hearing
conference held by the arbitral tribunal, and any procedural documents issued by the arbitral
tribunal. Facts of the Case may also be presented in the form of an agreed statement of facts,
governmental decisions, newspaper articles, website information, etc. No additional facts shall be
allowed, unless they are logical or publicly available.
5.3. Case Delivery
1. The Organizer shall post the Case on the Competition Website on the date stipulated in the
Schedule, providing equal access thereto.
5.4. Requests for Clarifications
1. Each team may request clarifications. The timing and volume of requests for clarification will be
limited. Details on requesting clarifications will be disclosed to each Team when its registration is
complete.
2. Clarifications shall be prepared by the Organizer and Advisory Board and distributed to the
Teams by the Organizer in accordance with the Schedule.
3. The Organizer and Advisory Board retain the right to clarify only on legally significant matters
or those matters that may affect the understanding of facts of the dispute.
5.5. Bench Brief
1. A Bench Brief outlining the major arguments and containing possible solutions to the issues
raised in the Case, shall be prepared by the Organizer and/or Advisory Board.
2. The Organizer shall distribute the Bench Brief only to the Memorial Judges and the Arbitrators
in accordance with the Schedule.
3. The Bench Brief is strictly confidential. Authorized readers of the Bench Brief shall not disclose
its contents to Teams or their coaches. The Organizer shall disqualify any Team making use of the
Bench Brief.
6. WRITTEN MEMORIALS
6.1. Submission of Memorials
1. Each Team shall prepare a Memorial for Claimant and a Memorial for Respondent. Both
Memorials shall be submitted to the Organizer via e-mail no later than the date specified in the
Schedule.
2. A Memorial shall be contained in a single file. The electronic copies shall be submitted in PDF
format. If a Team is unable to send its Memorials by e-mail or convert the file into PDF format, or
experiences any other technical difficulties in submitting its Memorials, it must immediately notify
the Organizer before the expiration of the deadline specified in the Schedule for e-mailing the
Memorials.
3. Equipment or software failure or problems shall not be considered as an excuse for improper
formatting or late submission of Memorials.
4. No Team may revise, substitute, add, delete, or in any other manner alter their Memorials once
submitted.
6.2. Content
1. Each Memorial shall necessarily contain the following parts:
a. Cover page;
b. Table of Contents;
c. List of Authorities;
d. List of Legal Sources;
e. Statement of Facts;
f. Arguments.
2. A Memorial may contain additional parts or exhibits as necessary.
3. The name of a Teams' School or country of origin shall not appear on the cover page or in any
other way in the Memorial. A Team shall be identified only by its designated competition alias. The
competition alias shall be placed in the upper right-hand corner of the outside front cover of each
Memorial.
6.3. Length
Each Memorial shall be no longer than 13,000 words, including any recital of facts and arguments.
The cover page, table of contents, index, list of authorities, or other material that does not consist of
facts or arguments may amount to a further 2,500 words.
6.4. Style Requirements
1. A Memorial shall be drafted in English. The usage of Latin maxims and foreign terms (e.g.
Kompetenz-Kompetenz) is allowed in so far as they are widely accepted and known. The text shall
avoid slang or contractions not allowed in formal legal submissions.
2. The font and size of the text of all parts of the Memorial, of the citations and quotations within
the text shall be either Times New Roman 12-point or Courier 10-point. The statement of facts and
arguments shall be typed at 1½ line-spacing. All the margins at all parts of a Memorial shall be at
least one inch or 2,5 cm.
3. The pages of the statement of facts and arguments together shall be numbered consecutively in
Arabic numerals. All other parts of a Memorial shall be page-numbered consecutively in small
Roman numerals (i, ii …). Each page shall be numbered in the middle at the bottom.
4. The paragraphs of the statements of facts and arguments parts shall be numbered consecutively
in Arabic numerals.
6.5. List of Authorities and Citations
1. The List of Authorities shall contain only those authorities cited in the Memorial. The authorities
shall be cited in full and shall be made in a form adequate to allow an educated reader to identify
and locate the authority.
2. The footnotes shall be used to cite the authorities in the arguments. No facts or arguments shall
be included in the footnotes. The footnotes may contain the shortened form of citations (cited in
full in the List of Authorities).
3. The style requirements stated in the present Rules shall also be applicable to the footnotes.
6.6. Quotations
Excessive quotations shall be avoided. A quotation of more than one line in length shall be block
quoted and single-spaced.
6.7. Cover Page
1. Each Memorial shall have a cover page.
2. A cover page shall contain the following and only the following information:
a. The Team competition alias;
b. The name of the administering arbitration center;
c. The name of the Case and its parties
d. The title of the Document: Memorial for Claimant or Memorial for Respondent.
6.8. Review and Scoring of Memorials
1. The Organizer shall forward all Memorials submitted to the Memorial Judges for review
independently from each other.
2. The Memorial Judges shall score the Memorials on the quality of analysis of the issues involved,
persuasiveness of the arguments, logic and reasoning, writing, knowledge of the facts, use of
authorities and extent of the research. The Organizer will deduct points for non-adherence to the
style specified in the present Rules.
6.9. Receipt of Memorials of Other Teams
Each Team shall receive four Memorials drafted by other Teams: two Memorials for Claimant and
two for Respondent, in order to prepare for the Oral Hearing.
7. ORAL HEARING
7.1. General Procedure
1. The Oral Hearing is a final stage of the Competition, which shall consist of Preliminary, SemiFinal
and Final Rounds. If the Organizer deems it beneficial to the Competition, Quarterfinal
Rounds may be conducted prior to the Semi-Final Rounds.
2. The Oral Hearing shall take place generally at the premises of the Host and/or sponsoring law
firm and/or international organization. The location of the Oral Hearing shall be disclosed each
year together with the announcement of the Competition.
7.2. Oral Arguments
Each Team shall present in English oral arguments for Claimant and for Respondent. The scope of
oral pleadings shall not be restricted by the arguments stated in Team's written Memorials.
7.3. Oral Rounds
1. Each Oral match consists of 80 minutes of oral pleading. Claimant and Respondent are each
allotted 40 minutes, reserving not more than 5 minutes thereof each for any rebuttal or surrebuttal.
Each team shall inform the secretary of the tribunal how it wishes to allot this between the two oral
advocates and any rebuttal (or surrebuttal). The time allotted includes the time needed to answer
any questions from the panel. The arbitral tribunal may exceed the time limits of an individual Oral
Round, thus allowing each Team some additional time, however not exceeding the general 90
minutes for the whole Oral Round. The Arbitrators shall ensure that the Teams are treated fairly.
2. A Team shall in principle equally allocate the time between the two oral advocates.
3. Only students registered as Team members may act as oral advocates. No more than two Team
members may make oral presentation during one Oral Round. Other Team members may be
present in the session in which their Team is pleading.
4. The Organizer shall supply the Teams with the Schedule of the Oral Rounds.
7.4. Arbitrators
1. Three arbitrators shall preside over individual Oral Rounds. If there is a shortage of Arbitrators,
the Organizer reserves the right to assign two or one arbitrator to preside over the Oral round. The
Organizer shall appoint the Arbitrators for each Competition from the College of Arbitrators. The
members of the Advisory Board attending the Oral Hearing may be appointed as arbitrators (panel
chairs) for the Oral Rounds.
2. During the Oral Rounds, the Arbitrators may interrupt the oral advocates to ask questions or
clarify the arguments.
7.5. Communication During Oral Rounds
1. No oral or written communication shall take place between the Team oral advocates pleading in
a given Oral Round and other Team members, accompanying staff members or any member of the
public.
2. Team oral advocates themselves may exchange written notes, or assist each other in finding the
necessary documents during the Oral Rounds. No other way of communication or behavior that
distracts from the pleading shall be allowed.
7.6. Publicity
1. All Oral Rounds shall be open to the public (subject to paragraph 7.8). Upon the Teams and the
Arbitrators prior request, the Organizer may limit the number of spectators in a room of an Oral
Round.
2. The Final Round shall be open. The Organizer may provide for the live web cast of the Teams
pleading on the Competition Website.
7.7. Evidence
No documentary evidence (exhibits, handouts, flip-charts etc), Power Point projection, or
examination of witnesses or experts is allowed during the Oral Hearing. Teams are not permitted to
use laptops or other handheld computing devices at the counsel table.
7.8. Scouting
1.Team members or persons directly affiliated with any Team may only attend matches in which
their Team is competing, unless their Team has already been eliminated from the Competition.
2. No audio or video taping of the Oral Rounds shall be permitted without prior consent of the
Organizer.
3. The Organizer may in the interests of the Competition waive this Rule. Violation of this Rule
should be brought to the attention of the Organizer immediately, without disturbing the Oral
Round, or immediately after the Oral Round has finished.
7.9. Ex Parte Oral Rounds
1. In case a Team fails to appear for a scheduled Oral Round, the arbitral tribunal after notifying the
Organizer and waiting for 15 minutes shall conduct the Oral Round ex parte. In such a case, the
attending Team may present its arguments and shall be scored as if the absent Team were present.
2. The Team that fails to appear at the scheduled Oral Round forfeits 300 points.
3. In case the absent Team proves to the Organizer its inability to attend the scheduled Round was
for reasons beyond its control, the Organizer, with a view to time and other administrative
concerns, may, but need not, schedule an additional ex parte Oral Round for such a Team to allow
it to gain points for the missed Oral Round.
7.10. Preliminary Rounds
1. Each Team shall present an oral argument in at least four Preliminary Rounds: twice as Claimant
and twice as Respondent.
2. In the Preliminary Rounds, in principle, each Team shall be paired with the Teams, whose
Memorials it received for consideration, i.e., a Team pleading Claimant shall be paired with two
Teams whose memorials for Respondent it received.
3. In case Teams must be newly paired, the Organizer shall make every effort to provide such
Teams with their opponents’ Memorials as soon as possible after such pairing is made.
7.11. Scoring
1. The Arbitrators shall score the individual oral advocates' presentations during Preliminary
Rounds. The Organizer shall prepare and supply the Arbitrators with official scoring sheets.
2. In estimating individual oral advocates' presentations the Arbitrators shall take into account the
competence, inclusion of relevant facts, knowledge of legal norms, structure and logic of the
arguments, response to questions. The Arbitrators shall also take into account that for some Teams
English is not their mother tongue.
3. Every Arbitrator shall award each oral advocate a maximum of 50 points per round: 25-30 points
being poor, 31-35 points being average, 36-40 being good, 41-45 points being excellent, 46-50
points being outstanding. The score per Oral Round for the oral arguments of a Team shall be the
total of the points awarded and may be a maximum of 300 points (150 points for each Team's oral
advocate).
4. Arbitrators shall conduct the Oral Hearings in accordance with Guidelines to Judging Oral
Advocacy Arguments, attached as Annex A to these Rules.
7.12. Preliminary Rounds
1. The Organizer may elect to conduct Preliminary Rounds on the basis of pools, round-robin or
Swiss-tournaments. The Teams shall plead as Respondent and as Claimant an equal number of
times, and two Teams shall not face each other more than twice.
2. Teams may advance to the Quarter-Finals, Semi-Finals or Finals on the basis of the aggregate
scores of its oral advocates, the number of matches its has won, or a match ranking system. The
Organizer may also factor memorial scores (on a weighted basis) into a Team’s aggregate scores or
into each Team’s match scores in order to determine the winner of each match.
3. Details as to the style of tournament and means of advancement shall be announced at least one
month before Oral Rounds.
7.13. Quarter-Final and Semi-Final Rounds
1. The eight highest ranked teams (according to 7.12) may be paired first v. eighth and second v.
seventh, etc.
2. If the pairings do not involve each team pleading both as Claimant and Respondent, the decision
as to which Team pleads Claimant or Respondent may be determined by lot.
3. The winning Teams of the Quarter-Finals will be paired in the Semi-Finals according to
their ranks in the preliminary rounds (see 7.13(1)).
7.14. Final Round
1. The winning Teams of the Semi-Finals shall advance to the Final Round.
2. The Final Round shall be held in the presence of all the participants of the Competition followed
by the Closing Ceremony.
3. If the pairing does not involve each team pleading both Claimant and then Respondent, the
decision as to which Team pleads Claimant and which pleads Respondent may be determined by
lot.
8. PRIZES
8.1. Winner of the Oral Competition
The winning Team of the Final Round is the winner of the Oral Competition and shall receive the
Skadden, Arps, Slate, Meagher & Flom Trophy.
8.2. Best Oral Advocate
The best individual oral advocate of the Oral Hearing shall be determined by adding the scores
awarded to that oral advocate in two Preliminary Rounds in which he/she argued. If the oral
advocate participated in more than two Preliminary Rounds, the two Rounds with his/her maximum
scores shall be taken into consideration. The Best Oral Advocate shall receive the Thomas Waelde
Advocacy Award.
8.3. Best Memorial for Claimant
A Team that received the greatest number of points from the Memorial Judges for its Memorial for
Claimant shall receive the Oxford University Press Award for the Best Memorial for Claimant.
8.4. Best Memorial for Respondent
A Team that received the greatest numbers of points from the Memorial Judges for its Memorial for
Respondent shall receive the Oxford University Press Award for the Best Memorial for
Respondent.
8.5. Highest-Ranked Team
The Team with the highest score resulting from the sum of its weighted aggregate score from the
preliminary oral rounds and its raw Memorial scores shall be eligible for the Prize.
8.6. Honorable Mention of Oral Advocates
The first 10 oral advocates who received the greatest number of points during the Preliminary
Rounds shall be Honorably Mentioned at the Closing Ceremony of the Competition.
8.7. Tie-Breakers
Where two or more Teams have achieved the same scores or number of victories in the Oral
Rounds, then the winning Team from any match where the two Teams faced each other, shall
prevail, failing which the Team with the higher aggregate Memorials score shall prevail. Where
two or more Oral advocates have achieved the same scores for their best two Rounds, then the
number of Rounds counted shall be increased to three and then if necessary to four.
9. PENALTIES
9.1. Imposition of Penalties
During the Competition, penalties may be imposed by the Organizer, the Memorial Judges, or the
Arbitrators, in accordance with paragraphs 9.2 and 9.3.
9.2. Penalties for Written and Oral Performances
1. The Memorial Judges may during the scoring procedure reduce the number of points awarded to
a Team's Memorial for violations of Rules 6.1 – 6.7.
2. The Arbitrators scoring the Preliminary Rounds may reduce the number of points awarded to a
Team's individual oral advocate for violations of Rules 7.5 and 7.7.
3. The Organizer may reduce the number of points awarded to a Team for violation of Rules 6.1 (1)
or 7.8.
4. The size of the penalty (the number of point being deducted) shall correspond to the severity of
the violation as adjudged by the Memorial Judges, the Arbitrators, or the Organizer accordingly.
5. In imposition of the penalties, every Team shall be treated equally. The Memorial Judges and the
Arbitrators shall be provided with the internal instructions as to the number of points to be deduced
for each violation of the present Rules.
9.3. Disqualification
1. The Organizer shall be authorized to disqualify a Team for the violation of the following Rules:
a. Rule 3.2(2);
b. Rule 3.2(3);
c. Rule 3.3(3);
d. Rule 3.4 (1) or (2);
e. Rule 5.5(3);
f. Rule 7.3(3);
g. Rule 7.6(2).
2. The Organizer shall immediately notify a Team about its disqualification.
3. The decision of the Organizer is final and is subject to no appeal.
10. MISCELLANEOUS
10.1. Communication
All requests regarding the organization and administration of the Competition shall be directed to
the Organizer via e-mail. No Team shall seek direct communication with the members of the
Advisory Board or College of Arbitrators, unless they are the Team’s coaches.
10.2. Registration Form and Schedule
The Registration Form and the Schedule form an integral part of the present Rules and, unless
expressly provided otherwise, a reference to the present Rules also constitutes a reference to the
Registration Form and the Schedule.
10.3. Interpretation of Rules
All requests for the interpretation of the present Rules shall be forwarded to the Organizer. The
Organizer shall also annually review and amend the Rules as necessary to correspond to the actual
circumstances.
10.4. Observance of Rules
Any Team submitting the Registration Form and transferring the Registration Fee thus agrees to
observe the present Rules.
10.5. Decisions of Organizer
Any decision of the Organizer in connection with the organization, execution and administration of
the Competition is final and not subject to appeal.