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In contemporary international commercial arbitration, where disputes are increasingly complex and multifaceted, there is a growing demand for lawyers capable of dissecting intricate legal problems, conducting in-depth doctrinal and jurisprudential research, and effectively applying that knowledge in both written and oral advocacy. Moot court competitions such as the Willem C. Vis International Commercial Arbitration Moot offer an ideal environment to develop and test these essential skills in a setting that mirrors real-world arbitral practice.
This Work Project, submitted in fulfilment of the requirements for the Master’s Degree in Litigation and Arbitration at NOVA School of Law, reports on the participation of Mariana Ferreira Tiago, Miguel Albergaria, and Sofia Solayman in the 32nd Willem C. Vis International Commercial Arbitration Moot. It begins by contextualising the Moot’s academic and professional relevance, before detailing the stages of team preparation and engagement throughout the competition.
The core of the report consists of a legal analysis of the problem presented in the 32nd edition, which concerned arbitral proceedings following the termination of a Purchase and Service Agreement related to the supply of a hydrogen power plant, subject to a multitier dispute resolution clause. The analysis focuses on four key legal issues: (i) the enforceability of multi-tier dispute resolution clauses; (ii) the admissibility of without prejudice offers and attorney-client communications as evidence; (iii) the CISG’s scope of application; and (iv) the validity of its exclusion through party agreement.
In approaching these issues, the authors adopted a comparative and analytical methodology, engaging with doctrinal literature, national case law, and international arbitral awards. The report outlines the main arguments developed in support of both CLAIMANT and RESPONDENT, before offering the authors’ own reasoned conclusions on each issue, as if acting as the arbitral tribunal.