The Maldives National University Team's experience at the 21st Willem C. Vis East International Commercial Arbitration Moot

Mohamed Zayan Shareef and Mariyam Nashath | 18 April 2024

The Willem C. Vis International Commercial Arbitration Moot is a moot court competition designed to promote the study of international commercial law and arbitration for the resolution of international business disputes. It is one of the most prestigious international moots in the world, bringing together law students, lawyers and academics each year to address important legal issues concerning international arbitration. This year alone, 373 teams from 89 jurisdictions participated in the 31st Willem C. Vis International Commercial Arbitration Moot.

As first-time mooties from The Maldives National University (MNU), we decided to take part in the 21st Willem C. Vis East International Commercial Arbitration Moot in Hong Kong, the sister competition to the Willem C. Vis International Commercial Arbitration Moot in Vienna. We competed against 144 teams in this prestigious competition to refine our argumentation skills, as the competition required each team to submit a memorandum for both the claimant and the respondent and present their arguments in the oral hearings.

The selection for the MNU Vis Moot team took place in September 2023, with MMCS launching a training program for the competition. Throughout September, multiple training sessions were conducted by MMCS to educate participants on the basics of international commercial arbitration and the United Nations Convention on International Sale of Goods (CISG). These training sessions were informative, providing useful information that enhanced our knowledge of arbitration, and prepared us for the competition.

Our Vis Moot journey practically began in October 2023, when the Moot Problem was published. Once the Moot Problem was published, we began to analyze it, and identify the relevant facts with the legal issues raised to develop proper arguments, in order to present our client’s case in the Memorandum for Claimant. During the writing phase of the arguments for the claimant, we participated in the Central Asia Vis Moot Training held from 28 October 2023 to 31 October 2023, which broadened our understanding of written advocacy.

In November 2023, we took part in discussions with Dr. Leonardo Ohlrogge and Mr. Kyle Melville to discuss new claims and consolidation under the International Chamber of Commerce (ICC) Rules. These sessions made possible by MMCS assisted us in developing an approach to tackle the issues in the Moot Problem and prepared us for the submission of the Memorandum for Claimant.

Shortly after our submission of the Memorandum for Claimant, we participated in the MENA Vis Moot Winter Bootcamp held in Dubai, United Arab Emirates (UAE), from 10 December 2023 to 13 December 2023. This Vis Moot training, organized by the Commercial Law Development Program (CLDP), and the Dubai International Arbitration Centre (DIAC), welcomed students, academics, and practitioners from across the Middle East, North Africa, Eastern Europe, Central Asia, and South Asia regions. Through our participation in this bootcamp, we received in-depth preparatory training for the second phase of the Vis Moot, focusing on the required knowledge and skills to draft the Memorandum for the Respondent.

We conducted research guided by weekly instructions from our coach, and submitted the Memorandum for Respondent on 18 January 2024. After the submission, we began our preparation for the oral arguments to be held in Hong Kong. As such, we participated in various Pre-Moots: the AIAC-APAC Pre-Moot held virtually from 1 February 2024 to 4 February 2024, the 14th Annual Middle East Willem C. Vis Pre-Moot held in Abu Dhabi, United Arab Emirates (UAE) from 5 February 2024 to 9 February 2024, and the 14th Moscow Pre-Moot also held virtually from 17 February 2024 to 18 February 2024.

Our greatest accomplishment came in the 14th Annual Middle East Willem C. Vis Pre-Moot, where our written submission for the respondent won Best Memorandum for the Respondent (Third Place). This Pre-Moot was a great success, as it also enabled us the opportunity to expand our network and meet students, academics and legal experts from across the world. Most notably, our meeting with Dr. Ronald A. Brand was truly beneficial, as his expertise and advice prepared us for the oral arguments in Hong Kong.

Following weeks of practice and presenting our arguments in pleadings against multiple teams, we finally travelled to Hong Kong for the main event, which was held from 10 March 2024 to 17 March 2024. We had a truly enriching experience in Hong Kong, as we were presented with the opportunity to present our arguments to experienced practitioners and academics. Additionally, the opportunity to engage with teams from different parts of the world not only deepened our grasp of legal principles but also cultivated lifelong bonds and friendships.

Our experience in the Vis Moot would not have been possible without the generous support of our sponsor, CLDP, and their affiliated individuals, whose contributions enabled us to participate in this prestigious competition. Namely, we extend our gratitude to Stephen D. Gardner, Chimai Tran-Luu, Zmarak Khan, Thomas Choi, Alexa Black, Sydney Dinenberg and Eric Ives. We extend our heartfelt appreciation to our trainer, Suma Ilyas, whose guidance, dedication, and unwavering belief in our potential motivated us to strive for excellence. We also extend our gratitude to Khushi Goel for being part of our training team of MMCS. A sincere thank you goes out to our dean at the Faculty of Shari’ah and Law, Dr. Abdul Sattar Abdul Rahman, and our lecturers, Ms. Fathimath Waheedha, Ms. Zimna Abdul Muhusin, Ms. Aminath Haifa and Ms. Batool Zahoor Qazi, for their constant support throughout our Vis Moot journey.

The Vis Moot helped us acquire a firm understanding of international commercial law and arbitration, emphasizing on legal expertise, advocacy skills, critical thinking, teamwork, resilience, and networking. We have deepened our knowledge of substantive law and sharpened our research skills, while also developing the ability to present arguments persuasively and adapt to diverse legal environments. We urge all law students in Maldives to participate in the Vis Moot and be part of a similar experience.