6. The Problem
Rule 6.1 – The Problem
The Problem will be based on the 2015 problem of the Willem C. Vis International Commercial Arbitration Moot.
The Problem consists of three papers:
- a General Paper which will be available to all participants,
- a Confidential Paper only for the Requesting Party and
- a Confidential Paper only for the Responding Party.
The General Paper will be made available online in January 2015. The Confidential Papers will be distributed between 30-60 minutes before the start of the Sessions. The Client/Counsel team, all other team members, the Expert Assessors and the Coaches are strictly prohibited from sharing the confidential information with the Mediators before the Sessions. Breach of this rule will lead to immediate disqualification of the whole Team. The confidential information of a round must always be ignored with each new round of confidential information.
No different or new facts may be created by any Team, Mediator or Assessor. No information given or facts used in the Willem C. Vis Moot 2015 Problem that have not been used in the Problem of this Competition may be used or referred to. Parties may make arguments or statements that are reasonably based on the facts in the Problem and may buttress facts in the Problem with additional information concerning the background of their party’s action or information in the general domain to support their interests or positions.
Rule 6.2 – Requests for Clarification
Requests for clarification may be directed to the Competition Director by the deadline announced by email and online. Requests for clarification should be limited to matters that have significance in the context of the Problem and must include a short explanation of the expected significance of the clarification. Any requests that do not contain a sufficient explanation will be answered at the discretion of the organizers and may be ignored. All requests must be sent to office@CDRCVienna.org. The clarifications will be distributed to all registered teams by e-mail and posted on the CDRC Vienna website.
Rule 6.3 – Applicable Rules
The Problem of the Competition involves a controversy arising out of an international sale of goods and is subject to the United Nations Convention on Contracts for the International Sale of Goods (CISG), complemented by the UNIDROIT principles. The mediation proceedings will be governed by the IBA-VIAC Mediation and Negotiation Competition Rules 2015 and complemented by the ICC Mediation Rules. The mediation laws of all concerned jurisdictions identified in the Problem are enactments of the UNCITRAL Model Law on International Conciliation (2002) as applicable to domestic as well as international conciliation.
published November 25, 2014