Thema: Brand New - JFV Grotius

Moot Court
In September 2008, a group of Leiden University students - Olave
Basabose (Master Ondenemingsrecht), Başak Küçük (Master
Ondernemingsrecht & European Law), Susan Hekman (Master
Ondernemingsrecht) and Michelle Wever (Master International
Public Law & International Business Law) - decided to participate
in the 16 th Annual Willem C Vis Moot Court on International
Commercial Arbitration. We decided, but we were far it. Since
Leiden University had never participated before, we had to organise
funding and coaching ourselves. We knocked on many many doors.
And just when we thought all was lost, we approached Mrs. Marielle
Koppenol-LaForce - a Partner at Houthoff Buruma whom teaches
International Commercial Law at Leiden University - and Mr. Ard
van der Steur - whom teaches Moot Court. From then on, things
really took off. Before long, we secured sponsoring from the
prestigious law firm, Houthoff Buruma, office space and extensive
ressources were available to us at their premises in Rotterdam. In
other words, we were ready to get to work.
On October 3 rd 2008, the long-awaited Problem of the 16 th Moot
Court was published. In the Problem, we learned of Mr. Tisk who
contracted with UAM (“Universal Auto Manufacturers”)
Distributors for the purchase and importation of a 100 Tera cars.
When, according to plan, the first shipment of 25 cars arrived
about 3 weeks later, they all turned out to have severe engine
problems. Of course, Mr. Tisk immediately sought contact with
UAM Distributors and notified them of the problem. UAM
Distributors subsequently sought advice from the manufacturer
of the cars, Universal Auto Manufacturers (“Universal”). This
resulted in a series of communications between Mr. Tisk, UAM
Distributors and Universal which, in turn, culminated in Universal
agreeing to send qualified personnel and equipment to Mr. Tisk.
When Mr. Tisk insisted upon a time indication and, failing that, a
guarantee from Universal that the cars could be fixed at all, UAM
Distributors and Universal dismissed his concerns and refused to
give any guarantees. At that moment, Mr. Tisk’s business was
struggling and he was unable to secure additional ressources to
keep things going while he waited for Universal’s mechanics to
arrive. So, he decided to avoid the contract.
The arbitration agreement contained in the contract designated
the Stockholm Chamber of Commerce Arbitration Rules to be
applicable and Vindobona, Danubia - a fictional capital and
country - as the seat of arbitration. Furthermore, the UN
Convention on the International Sales of Goods (“CISG”) was
ratified by Equatorian (Universal’s home country), Mediterraneo
(Mr. Tisk’s home country), Oceania (UAM Distributors’ home
country) and Danubia (the chosen seat of arbitration), which
rendered the CISG applicable to the dispute. Moreover, all these
countries ratified the New York Convention on the Recognition
and and Enforcement of Foreign Arbitral Awards of 1958 (“New
York Convention”), while Danubia also adopted the UNCITRAL
Model Law on International Commercial Arbitration. And, to top
it all of, an Oceanian Bankruptcy Law provision nullified and
voided the arbitration agreement in the contract, since UAM
Distributors filed for bankruptcy, by the time Mr. Tisk filed the
request for arbitration.
Moot Court NOVUM Maandblad van de Juridische Faculteitsvereniging Grotius
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