International Moot Competition on Maritime Arbitration is a contest for law undergraduate and graduate students in English, the essence of which is to present the position of plaintiff and defendant in a dispute, which is regarded in international maritime arbitration.
The competition is held in two phases. The first stage is a written part of the contest (the short analogue of application to the international maritime arbitration) while the second one is oral (imitation of judicial debate.) The competition is designed to raise the interest of participants in the study of the most problematic issues of maritime law.
In the first stage, a team presents a separate written position of the plaintiff and defendant, argues the case seeks for means to challenge or invalidate the alleged arguments and arguments of the counter party. Taking into account conflict nature of private international maritime law, the applicable law is indicated according to the arbitration clause which is mentioned in the compromise as well as other applicable conventions and international acts. The possibility of using other sources of law may be justified by the parties themselves, which will be properly appreciated by the judges. Since more than 75% of all disputes of this category are resolved at the London Maritime Arbitrators Association, exactly knowledge of English law would be the most valuable for future practitioners in this field. Thus, for two years the cases have contained reference to English law and Terms of the London Maritime Arbitrators Association. A written work (memorandum) should be sent to the official e-mail of the event 'till the mentioned date.
Oral stage takes place in Odessa, in the building of Odessa Commercial Court of Appeal and is evaluated by leading specialists in maritime law, private international and public law. The representatives of plaintiffs act against the defendants from another team within the allotted time.
During the presentation the arbitrators may ask questions and use other procedural rights in accordance with the Rules. After the presentation of the opponents, the team has an opportunity to respond to or to comment speech of the other side.
The case (or compromise) includes a dispute that should be resolved in a simulated international arbitration in accordance with the regulations of the latter. The case is made in such a way as to attract the attention of future maritime lawyers to the practical problems of maritime law and arbitration that will have positive impact on the professional growth of young lawyers in the future. The dispute consists of a number of issues, such as the consignment at the appropriate time, the validity of the arbitration clause, the effect of force majeure during shipping and transportation by land, etc.
The current case
In 2012, the students will plead the CASE between the Owners and the Charterers, the Maritime Planet Limited and the Santiago Assistance. The Claimants start negotiations regarding payment demurrage charges whilst the Defendants refuse to pay due to the Force-Majeure situation. Arguing that no Force-Majeure clause was incorporated in the standard charter party uniform, and even if it was, it would be because of the unsafe berth which should be provided by the Defendants, the Claimants do not accept proposition about “fair” compensation of 10,000 $.
The situation was left pending till 2011. To solve the dispute, the case is then submitted to the London Maritime Arbitrators Association. A team should analyze correspondence, the note of readiness and other supporting documents as well as applicable law to build a winning position.