CityU Success at the 2021 Vis Moot
Dr Navin G. AHUJA and Mr Campbell HERBERT led CityU to perform outstandingly in both the Willem C. Vis International Commercial Arbitration Moot (Vis Vienna) and its sister moot, the Vis East (collectively referred to as Vis Moot). Both the Vis Vienna and the Vis East were held virtually in March 2021. The Vis Moot is a competition built around a fictional arbitration. Teams are required first to prepare two written memoranda, for claimant and for respondent, and subsequently to act as either party’s advocates in the oral rounds.
In the Vis East, the CityU team advanced to the elimination rounds, placing within the top 32 out of 147 teams. The team also received an Honourable Mention for the David Hunter Award (Best Written Memorandum for Claimant) as well as two Honourable Mentions for the Neil Kaplan Award (Best Individual Oralist), awarded to Ms Michelle MANINGGO (LLB) and Mr Chris WONG (JD).
In the Vis Vienna, the CityU team advanced to the elimination rounds, placing within the top 64 out of 387 teams. The team also received an Honourable Mention for the Werner Melis Award (Best Written Memorandum for Respondent) and Ms Joyce CHONG (JD) was awarded an Honourable Mention for the Martin Domke Award (Best Individual Oralist).
This year’s moot problem revolved around the use of viral vectors for the production of COVID19 vaccines. The procedural rules governing the fictional arbitration were the UNCITRAL Model Law on International Commercial Arbitration (with amendments as adopted in 2006) and the 2012 Swiss Rules of International Arbitration. The problem was divided into four issues, two procedural and two substantive. The two procedural issues concerned: first, the tribunal’s power to order the joinder of a third party to the proceedings despite the objection of the third party; and, second, the holding of a remote hearing for the examination of witnesses and experts amidst a pandemic. The two substantive issues concerned: first, the applicability of the United Nations Convention on the International Sale of Goods (CISG) to a sales, collaboration, and licensing agreement; and, second, whether the seller in the agreement had breached its duty to deliver goods that are free from industrial property or other intellectual property rights or claims of third parties.
Coaches: Dr Navin G. AHUJA and Mr Campbell Murdoch Macrae HERBERT
Vis East Oralists: Ms Michelle Retrato MANINGGO (LLB) and Mr Chris Wai Hin WONG (JD)
Vis Vienna Oralists: Ms Joyce Wing Haye CHONG (JD) and Mr Loras Yuen Sing LO (LLB)
Other team members: Ms Sofia Kit Man CHIU (LLB) and Ms Daniella Huilin XIE (LLMArbDR)
