International Moot Competition on Maritime Arbitration
Encyclopedia
International Moot Competition on Maritime Arbitration (IMCMA) is a moot court
competition for law
students which is organized by the Centre for International Law and Justice
starting from 2010. The contest is called to demonstrate disputable and important issues of private international law and in particular maritime law and international arbitration
. The final round of International Moot Competition on Maritime Arbitration (IMCMA) is held in Odessa
in the building at the Odessa Commercial Court of Appeal The language of the IMCMA is English.
The purpose of the IMCMA is to provide the law students an opportunity to develop knowledge in maritime arbitration
and to develop their abilities to persuade as well as their written and oral advocatory techniques.
and shipper
or their agents. The compromise (i.e. the case) contains the most significant facts from the dispute and participants are not permitted to add new information. International Moot Competition on Maritime Arbitration is based on purely hypothetical problem therefore everything with the problem has no any relation to any legal or physical person. The Moot Competition Case is made solely for the purpose to train the law students
(most of the times its English Law, Hague Rules or Hague-Visby Rules
) and quotes from the contract or correspondence between the parties.
(LMAA) and is designed on the basis of the London Maritime Arbitrators Association Terms.
Each law school may be presented only by one team. Teams should be composed of two to four law students and may be accompanied by a couch. Each member of the team must contribute to the team`s brief and must argue during at least one round of the competition.
The competition is divided into two parts.
The Written Memorandum must be no longer than 25 double spaced A4 typed pages.
A committee of experienced arbitrators shall score all Written Memoranda submitted and shall select the best of the each Claimant and Defendant in the Moot Competition Competition. The score should base on the following points: knowledge of facts and law, proper and articulate analysis, extent and use of research, clarity and organization, correct formats and citation, grammar and style.
The Schedule for the preliminary rounds will be posted on the Moot Competition Website by the 1 March. Each team will compete in two preliminary rounds arguing for Claimant and Defendant once. The team will receive comments and feedback from the arbitrators at the close of each round. The Semi Final and Final Rounds shall take place according to the announced schedule. Two teams shall progress to the Final Round.
The oral arguments need not be confined to the issues presented in the Written Memorandum.
Each presentation will be valued according to the following criteria: knowledge of facts and law, logic and reasoning to apply the legal principles, ingenuity and ability to answer questions, time management and organization, court etiquettes, persuasiveness.
Moot court
A moot court is an extracurricular activity at many law schools in which participants take part in simulated court proceedings, usually to include drafting briefs and participating in oral argument. The term derives from Anglo Saxon times, when a moot was a gathering of prominent men in a...
competition for law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
students which is organized by the Centre for International Law and Justice
Centre for International Law and Justice
The Center for International Law and Justice is a nongovernmental, nonprofit and nonpolitical organization...
starting from 2010. The contest is called to demonstrate disputable and important issues of private international law and in particular maritime law and international arbitration
International arbitration
International arbitration is a leading method for resolving disputes arising from international commercial agreements and other international relationships...
. The final round of International Moot Competition on Maritime Arbitration (IMCMA) is held in Odessa
Odessa
Odessa or Odesa is the administrative center of the Odessa Oblast located in southern Ukraine. The city is a major seaport located on the northwest shore of the Black Sea and the fourth largest city in Ukraine with a population of 1,029,000 .The predecessor of Odessa, a small Tatar settlement,...
in the building at the Odessa Commercial Court of Appeal The language of the IMCMA is English.
The purpose of the IMCMA is to provide the law students an opportunity to develop knowledge in maritime arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
and to develop their abilities to persuade as well as their written and oral advocatory techniques.
Dispute
The "case" is a fictional dispute which normally arises between carrierCarrier
Carrier may refer to:- Science :* Carrier wave, a waveform suitable for modulation by an information-bearing signal* Charge carrier, an unbound particle carrying an electric charge* a mathematical Set over which an algebraic structure is defined...
and shipper
Shipper
A shipper can be:*Someone who sends goods for shipment, by packaging, labeling, and arranging for transit, or who coordinates the transport of goods*Shipping , someone who supports a fictional romantic relationship, usually on the Internet...
or their agents. The compromise (i.e. the case) contains the most significant facts from the dispute and participants are not permitted to add new information. International Moot Competition on Maritime Arbitration is based on purely hypothetical problem therefore everything with the problem has no any relation to any legal or physical person. The Moot Competition Case is made solely for the purpose to train the law students
Applicable Law
The case contains also a link to the applicable law which is indicated in arbitration clauseArbitration clause
An arbitration clause is a commonly used clause in a contract that requires the parties to resolve their disputes through an arbitration process...
(most of the times its English Law, Hague Rules or Hague-Visby Rules
Hague-Visby Rules
The Hague-Visby Rules are a set of international rules for the international carriage of goods by sea. The official title is "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading" and was drafted in Brussels in 1924...
) and quotes from the contract or correspondence between the parties.
Procedure
The International Moot Competition on Maritime Arbitration is a simulation of the work of London Maritime Arbitrators AssociationLondon Maritime Arbitrators Association
The London Maritime Arbitrators Association is a maritime arbitration association headquartered in London, United Kingdom.-Past presidents:* Malcolm T. Browne * A.S. Bunker * R.A.H. Clyde * J. Chesterman...
(LMAA) and is designed on the basis of the London Maritime Arbitrators Association Terms.
Each law school may be presented only by one team. Teams should be composed of two to four law students and may be accompanied by a couch. Each member of the team must contribute to the team`s brief and must argue during at least one round of the competition.
The competition is divided into two parts.
Written Part
Till the 12th of February (the day of foundation of the LMAA), participants must send memoranda (written position of applicant and respondent) to the Organizing Committee. In their memoranda a team should cover issues from the dispute and ask the arbitrators their for satisfying their demands. The written work should contain inter alia links to the applicable law and practice of arbitration courts (optionally).The Written Memorandum must be no longer than 25 double spaced A4 typed pages.
A committee of experienced arbitrators shall score all Written Memoranda submitted and shall select the best of the each Claimant and Defendant in the Moot Competition Competition. The score should base on the following points: knowledge of facts and law, proper and articulate analysis, extent and use of research, clarity and organization, correct formats and citation, grammar and style.
Oral Part
Representatives of the applicants or respondents (1 or 2 persons) have in total 40 minutes for presenting their position, answering questions of arbitrators (optionally) and rebuttal (or sub rebuttal). The speech should be convincing, logical and based on the applicable law, practice of arbitration courts or other legal sources.The Schedule for the preliminary rounds will be posted on the Moot Competition Website by the 1 March. Each team will compete in two preliminary rounds arguing for Claimant and Defendant once. The team will receive comments and feedback from the arbitrators at the close of each round. The Semi Final and Final Rounds shall take place according to the announced schedule. Two teams shall progress to the Final Round.
The oral arguments need not be confined to the issues presented in the Written Memorandum.
Each presentation will be valued according to the following criteria: knowledge of facts and law, logic and reasoning to apply the legal principles, ingenuity and ability to answer questions, time management and organization, court etiquettes, persuasiveness.
Rules
Revised Rules together with the Compromise appear of the official site of the Centre for International Law and Justice in the beginning of September.External links
- http://cilj.org.ua/index.php?option=com_content&view=article&id=6&Itemid=9&lang=en Official site of the Centre for International Law and Justice
- http://www.mladiinfo.com/2010/12/27/international-moot-competition-on-maritime-arbitration-odessa-ukraine/ International Moot Competition on Maritime Arbitration, Odessa, Ukraine
- http://pravotoday.in.ua/ru/press-centre/news/news-3913/http://www.ank.odessa.ua/site/news.php?id=30 Review of the International Moot Competition on Maritime Arbitration 2011
- http://www.ank.odessa.ua/site/news.php?id=39 Law Firm “ANK” supported as a partner Summer School on Maritime Law, which was held on the basis of National University “Odessa Law Academy”
- http://court.gov.ua/sud5037/news/6380/ International Arbitration Debates on Maritime Law
- http://www.lmaa.org.uk/uploads/documents/London%20Maritime%20Arbitration%20by%20B%20Harris.pdf London Maritime Arbitration by Bruce Harris