Viva La Belgrade

Fresh from the win in Madrid, Katherine, David, and Petra flew to the "city of the future of southern Europe": Belgrade. Of course we could not fly directly to the "city of the future", we needed to stop in London for 16 hours first. But that was no hindrance to us for we were able to catch-up with Arjun, a famed member of last year's Vic Vis team. Arjun provided us with an amazing dinner of red curry, salad and cous cous. Truly delightful. The stop in London also provided us with an opportunity to collect copious amounts of english newspapers so that we could catch up on world events.

Alas our time in an english speaking country was brief and we flew out to Belgrade (very) early on Friday morning. Although none of us spoke serbian, luckily we look distinctly "kiwi" so our driver taking us to the central city was able to identify us in the arrivals crowd. The apartment we were staying in was very nice, and was a welcome chance to do some much needed laundry.

But on to the real reason we were in Belgrade: the pre-moot. The Serbians had provided quite a pre-moot, we got t-shirts, pens, and notepads for a start. We were also able to attend a conference on arbitration that included some of the biggest names in international commercial arbitration and insolvency, not to mention Mr Vis Moot himself, Professor Bergsten. Needless to say, it was a very exciting chance to spot some of these legal celebrities.

Our first moot was against Singapore early on Saturday morning. That we made it to this hearing was impressive as Katherine managed to take a tumble on the stairs on the way to the moot, but like a real team player she mooted her little heart out. Singapore are a very good team with a very good reputation so it was a great first moot. We had two further moots that day, against Rijeka and then NAU Mexico (who had travelled 42 hours to get to Belgrade!) Petra and David represented the team at the social events that night while Katherine recuperated at home, which is unfortunate because the social events in Belgrade were very well catered for!

The next morning we had our final Belgrade moot against none other than the Belgrade team! Once again the Belgrade team lived up to their reputation and it was a great moot for us. Both teams got very good feedback, with one arbitrator telling us that both Belgrade and Wellington should easily make it to the knock-out rounds, but also reminded us that the Vis moot remains a competition, so there is always an element of luck involved, and furthermore, there must also be time for fun and meeting new people! So with that on board, we took a taxi back to Belgrade airport to get to the last stop on our whirlwind tour of Europe: Leuven.

Los Madrilenos

Goodbye, farewell, auf wiedersehen, adieu to the rolling fields and majestic wind turbines of Germany - buenos dias to the sun drenched avenidas of Madrid!

Yes, after a comprehensive practice mooting trip around Germany we found ourselves moving into the next phase of our preparation, with the competitive Madrid pre-moot next in our sights. While our German hosts were warm and hospitable, the weather there was a tad on the chilly side. And so, tired and laden with baggage we emerged from the Madrid underground, into the blinding sunlight and hubbub of the Gran Via.

After checking into our downtown digs, one of our two coaches, Petra Butler, arrived a few hours later, to bring our European complement to three. After a quick catch-up over some rioja, we set out to the pre-moot reception, at a tapas bar downtown to meet some of the other teams and socialise. But not too much, as pleadings began at 10am at the Lovells offices next morning, and these were the first moots for which we would be getting points for our performance.

Arriving at the law firm, we were greeted surprisingly effusively by one of our arbitrators. Listening more closely to his accent, he turned out to be the only kiwi-qualified lawyer working in Spain, David Cairns, a partner in international arbitration at B Cremades y Asociados! To his credit, he gave us a tough time of it as we pleaded against last year's champions, Carlos III, the home university. And afterwards, for the purposes of extensive feedback (and to catch up on news from back in NZ) David very kindly took us out to a great, authentic Castillian restaurant.

After mooting against Dusseldorf later in the afternoon, we made a late dinner and planned for tomorrow's Respondent moots. Next morning saw us in the offices of Perez-Llorca, and mooting first against Paris I, and then against the University of Navarre.

With a break between the moots and the announcement of the participants in the Final, we had some time to kill, and strolled blissfully around the Parque del Retiro in 25 degree sunshine, as well as indulging in a little light retail therapy. We have to say, Madrid in the Spring comes highly recommended!

And so, to the close of the Madrid Pre-moot, with a Final to be announced and pleaded at Garrigues, which we have been reliably informed is the largest law firm outside the English-speaking world. Their offices are certainly impressive, and all twelve of the participating teams were suitably awe-struck as they filed into the expansive conference room.

As you may have guessed by now, we have been devoting quite a bit of time to this particular entry - we made it to the Final! We were quietly pleased that our hard work thus far was bearing fruit, but didn't have time to soak it up, as we had just 10 minutes to get ready to plead against Aarhus University from Denmark.

Coming out for the Final was quite tense, but we had experienced something similar previously, with our show moot in Wellington, and that helped calm the nerves. Due to the slightly different set-up, due to the venue, we were basically cheek-by-jowl with Aarhus, but that wasn't too bad as they are lovely guys. And then the moot started, going by in a blur of complex and challenging questions.

It ends. We shake hands with Aarhus and get feedback from Petra. We mingle in a dazed sort of way. And then the Chair of the firm gives a speech. And announces the winner ...

WELLINGTON!!

Hamburgers and Berliners

Katherine and David left Bonn with a man named Felix and travelled north to Hamburg. We arrived in Hamburg and received directions from the central station to Bucerius Law school. By sheer genius David managed to get us on the right train. That we were on the right train was only established when we arrived at the stop we needed to be, up until that point we had no idea where we might be headed.

So, we arrived at Bucerius, and immediately got changed into appropriate mooting attire, and were presenting our arguments within about 11 minutes of arrival. However, the numerous moots we had completed thus far had prepared us for having to moot with little to no preparation, so away we went. Bucerius then kindly provided us with dinner before our second moot. Bucerius are a strong team and we had a good session with them. We must mention their hospitality too, Victoria University has a strong connection with Bucerius via the Vic Exchange program, so our hosts were delighted to have yet more kiwis in their midst!

The next morning David and Katherine caught a bus to Berlin. We arrived around midday and for once we had the afternoon free of mooting! A delight! Sad to say that we did not relish the opportunity to explore the delights of Berlin, but rather stayed indoors to work on our submissions for the pre moot the next day. You can't fault that dedication. Of course prior to the moots we had been invited to dinner at "White Trash" restaurant in Berlin. If you are ever in Berlin you simply must go there, the food is amazing, and for David and I was a special treat due to the range of veggie burgers. The team from Bocconi joined together with ourselves and the FU Berlin team for dinner and it was a lovely evening.

Early next day David and Katherine arrived at FU Berlin for what was to be the Everest of our trip: 5 moots, back to back. Claimant, Respondent, Claimant, Respondent, and then Claimant again. We had forgotten our names by the end of the day, but we did at all times know who we were representing, and that was a bonus. The day was a good learning curve in terms of stamina and really keeping on top of the arguments. We then headed out for dinner with all teams at a "traditional" Berlin kitchen, so needless to say there were not quite so many vegetarian options.

Katherine may have fallen asleep at the dinner table due to the 5 moots and little sleep, so unfortunately David and Katherine had to call it a night and not accompany the rest of the teams to an absinthe bar. In hindsight, definitely for the best. We then enjoyed Sunday by both exploring the city and watching movies - a "real" day off from mooting. But alas, no rest for the wicked. Next stop, Madrid (after Katherine proved to the the german airport security she was not a threat...)

Bonn!

Katherine and David took an early morning train from Freiburg to Bonn, arriving at 12.47pm (that's how the german trains run, to the precise minute - excellent for planning purposes). We were picked up by the Bonn coach, Jan, and our two Billets Antonia and Steve. For David it was a special day being St Patrick's Day, and even better as he found a kindred spirit in Steve, an englishman studying in Germany, so the two of them were to fully celebrate in usual fashion later that day. But first there was mooting.

The team from Cologne had travelled from Bonn to moot with us and the Bonn team, but as a special treat, Katherine and David got to act as the arbitrators in a Bonn v Cologne hearing. It was a great opportunity to see the process from the other side, and we certainly learned a lot from that experience. Katherine and David then mooted against the Cologne team, and after that it was time for a well deserved dinner with everyone. Katherine enjoyed the dinner and then went home at a reasonable hour, for David and Steve however, the night was only young.

The next day began with an early morning moot. Both David and Steve were perhaps a little worse for wear, but you would not guess it from the mooting that followed, as both were very professional, and convincing (though perhaps a tiny bit smelly). The Cologne team had left the night before, but were replaced by the Dusseldorf team for the second day of mooting. The Dusseldorf team were very sharp, both in terms of dress (having one half-italian member) and as a moot team.

With the mooting finished, everyone took a tour of the city of Bonn. It is a very peaceful charming city, and as the capital of (west) Germany until recently, a lot of infastructure remains, so, like Vienna, there is a strong UN contingent located in Bonn. The boys took in some of the more cultural sights of the city, while Katherine and the Bonn ladies took in a different kind of cultural delight, that is, the shopping of Bonn.

We had one final dinner with the Bonn team, where the insider jokes about the moot problem became more and more pronounced, to the point where even teams competing this year would have no idea why "piercing the corporate dolphin" would be even remotely funny. For Wellington and the Bonn team however, it will be forever ours. Katherine and David thoroughly enjoyed the time in Bonn, and meeting all of the Bonn team. But alas it was off in a shared car ride, with a man by the name of Felix in a red volvo, to the beautiful city of Hamburg where the team from Bucerius law school awaited our arrival...

Freiburg

We left Munich on the overnight train on Sunday midnight to be picked up at Freiburg station (very) early on Monday morning by Till, an old friend of Vic's past moot teams, who was now coaching the Freiburg team. He took us to our billetts, Alex and Dagna, where we could get ready for the day's mooting.

For those unfamiliar with it, Freiburg is a beautiful city close to the border with France and Switzerland with beautiful cobbled streets. Although the whole town was probably woken up by our early morning trundling suitcases!

The Freiburg moot saw us argue against the hosts twice, as well as Basel and Heidelberg, making four arbitrations in one day. While most of the other teams have at least four people pleading, we are only two, and it was a bit of a challenge to keep up stamina over the course of the day. Nevertheless, we made it through, and back to our billetts for a well-deserved 11-hour sleep!

The feedback we got on our presentations was really valuable, and not always positive, which is important, as we know we still have much to improve.

David's own personal favourite moment on the Freiburg trip took place at lunch, as he stared at the menu in seeming incomprehension, searching for a vegetarian option. One of the Heidelburg team's mooters took pity on the monoglot, and offered to order for him when the waitress came around. And when she did indeed do so, said mooter turned to her, indicating David, and enunciated in flawless English "he will have the pesto spaghetti, please". Well, you can't fault his good intentions, anyway!

Munich

So the great adventure begins, with our team touching down in Munich on Saturday evening. Thanks to the goodwill generated by last year's team, we were to be picked up and billetted by a member of the 2008 Munich team, Simone.

Our first little speedbump was how to identify ourselves to her in the crowded arrivals hall, since we had arrived early. Thanks to the ubiquity of both cellphones and american coffee stores, however, a quick text directed her to the airport Starbucks, where we lay in wait (in a jovial, excited sort of way, of course ...). Simone then proceeded to her abode to feed us up with Kaiserschmarnn and Obatzda, which for the uninitiated is mainly cheese and sugar - and was absolutlely fine by us!

Next day saw us moot before the Munich and Milan teams, the first time we had the chance to see what was in store for us at the competition proper. Suffice to say that ultimately there wasn't any time for nerves, as the proceedings promptly got underway, and we had no choice but to dive in. And thanks to the preparation we had done in Wellington before our departure, we acquitted ourselves reasonably well (ahem).

But the real value of this stage of our preparation soon became apparent, as both Munich and Milan teams showed us different ways of looking at the facts and legal arguments to those we had been advancing previously.

After the moot we all got exposed to another benefit of the pre-moot stage - the post-moot dinner, at the Ratskeller in the centre of Munich. Arjun and Catherine spoke a lot about the hospitality afforded them at last year's pre-moots, and its great to see that it wasn't just hyperbole!

A Vis Moot Showcase + Auf Wiedersehen

On Tuesday 3 March Simpson Grierson hosted a "Vis Moot Showcase" evening. The Showcase evening was held to raise awareness of the Vis Moot, and to highlight the legal issues that the competition is dedicated to; namely international commercial arbitration, and the UN Convention on Contracts for the International Sale of Goods (the CISG). The Showcase event kicked off with an introduction from Justice Glazebrook on the benefits of arbitration and the CISG. Dr Petra Butler of Victoria University's Law Faculty highlighted the value and importance of the CISG, and introduced her new text on the topic: UN Law on the International Sale of Goods. Dr Butler is also consultant Coach of this year's team, with Richard May as Coach. Professor Campbell McLachlan QC, another faculty member from Victoria University, then introduced his recently published, and prize-winning text: International Investment Arbitration.

Then it was time for the main event: a moot of this year's problem. The highly distinguished Arbitral Panel was made up of Justice Baragwanath, acting as Chair, Justice Glazebrook, and Professor Campbell McLachlan QC. At the conclusion of the moot Justice Baragwanath told those in attendance that, in order to fully prepare the team for the international competition, the speakers would be given a "rough ride" of questioning. That decision was readily apparent once Katherine and David began their submissions! However, both Katherine and David answered the judges' difficult questions succinctly and persuasively, without losing the flow of argument, and the feedback from the judges suggests that both are very well prepared for the competition. The Arbitral Panel then retired with the team to provide more detailed feedback on advocacy and the substantive issues.

Overall, the event was a great success and received an excellent turnout. We would like to thank Simpson Grierson for their support in hosting the event, and all those who attended, and in particular Simpson Grierson Partner, Tim Stephens and our distinguished Arbitral Panel.

Tonight Katherine, David, and Petra will be flying out of Welllington to start the Vis Moot adventure. We will reguarly update the blog so keep yourself posted!

preparation at home

One of the most rewarding aspects of being involved in the Vis moot has been the "extended family" of past mooters who have been more than willing to extend assistance as coaches, arbitrators, and sounding boards through the years. This year has been no exception, with a number of past mooters sacrificing their lunchtimes and evenings to sit as arbitrators for a series of practice moots that began immediately after our Respondent Memorandum was submitted. They have been joined by practitioners and academics who have been more than happy to provide insightful feedback and commentary on our presentation of the substantive arguments and general advocacy skills.

As if that all wasn't enough to prepare us for the intense experience awaiting us in Europe and Vienna, we had a surprise in store. Michael Cavanaugh, a past mooter now located in Auckland, arranged for us to travel up for the first weekend of March to present two practice moots before a partner and associate from Heaney & Co, as well as another former mooter, Martin Smith. The trip was a great chance for myself and Katherine to get used to travelling and working together, and we are very grateful to Heaney & Co for allowing us use of their meeting rooms over the weekend to debate, argue and strategise.

However, things may have got a bit much for me, as on the Sunday afternoon, I decided to embark on a quest to bring to life one of the slightly more eccentric characters from our moot problem, the erratic Mr Tisk, Mediterranean new and used car dealer, and Claimant in the dispute. I think you'll find the rendering appropriately chic ... (see picture below)