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The problem for the Moot is always based on an international sales
transaction that is subject to the 1980 UN Convention on Contracts
for the International Sales of Goods. The Moot centers on a
simulation of international commercial arbitration before which a
dispute arising out of the sales contract is being resolved. This
year, the students argued the questions of the effect of
conciliation agreement as a prerequisite to arbitration, conformity
of the goods with public law requirements, possibility of accepting
the offer for modification of a contract by silence, bases for
exonerating the seller from paying damages for late delivery of the
goods in a politically unstable country and the right of seller to
ask for buyer’s claim of damages to be reduced, since buyer failed
to mitigate the losses.
The Moot consists of two parts. The first one is preparation and
submission of written memoranda prior to the oral hearings. There
are two memoranda to be written: one for the Claimant, the other for
the Respondent. The writing of these memoranda usually takes about
five months. During the oral part of the Moot the students present
their arguments before arbitral tribunal consisted of three members.
Each team has four qualifying hearings: in two hearings the students
assume the role of Claimant and in the remaining two the role of
Respondent. In each hearing, each of the arbitrators gives marks to
both speakers. Based on 24 marks that each team has after the fourth
hearing, the participating teams are ranked for their performance in
qualification rounds. The best 64 teams are then divided into 32
pairs and continue the competition by proceeding to elimination
rounds, in the knock-out system.
In
the qualification rounds our students met with the teams from
Germany (Giessen), USA (Columbia) India (School of Excellence in
Law) and France (ESSEC). Apart from high marks, our students
received very favorable comments from the world’s leading experts in
arbitration and international trade law. Unfortunately, even though
our students had an excellent performance in the elimination round
against students from Florida, the arbitrators decided that the
American students should win that round. However, this decision was
not the end of successful results of our team in Vienna this year.
On April 1, at the awards banquet, two of our students received
Honorable Mention for the Martin Domke Award for best individual
oralist in general rounds: Marija Škundrić, student of Master’s
studies and Vojimir Kurtić,
student of the fourth year. Along their side, the members of the
team which represented the University of Belgrade Faculty of Law
were also:
Stefan Antonić, Velimir Živković, Bojana Jelisavac, Nenad Kovačević,
Jovana Stevović
and
Marija Šćekić.
Aleksandra Lukić, Adriana Minović, Andrej Mićović
and
Aleksandra Simić
participated in the preparation of the written submissions.
The
preparations of our students were conducted by Prof.
Dr.
Vladimir Pavić
and lecturer
Milena Đorđević,
LL.M. They were assisted by lecturer Marko
Jovanović, LL.M. All three of them
participated also as arbitrators at the Moot.
The preparations of
our team for the Moot lasted six months. Thanks to the support of
the Faculty of Law and numerous sponsors, our students got a chance
to take part in pre-moots in Munich and London, and hosted the Third
Belgrade Open Pre-Moot in Belgrade. Shortly before the very
beginning of the Moot in Vienna, our team performed final rehearsals
with the teams from Pittsburgh and Bahrain. The Belgrade team also
had the biggest group of “supporters” in Vienna, since the arguments
of our teams were regularly attended by the colleagues who
participated as arbitrators, former “mooties’ who now work as
lawyers in the most prestigious law firms and even a couple of
second and third year students, who will hopefully become the
members of some of the future Moot teams. It is particularly worth
mentioning that several former members of the teams of our Faculty
became founders of partners or work in the law firms which are now
sponsors of our Moot delegation. This shows that our students and
the Serbian legal community highly appreciate the work of our
Faculty, its commitment to the Moot and the tradition of successes
achieved by our students.

The winner of the Seventeenth Moot was King’s College from London,
while the Australian University of New South Wales received the
awards for the best memoranda for Claimant and Respondent.
The members of the Belgrade team will long remember the respect of
their colleagues from other universities, large audience that
attended their hearings and excellent comments that they received
for their arguments and legal reasoning. The tradition of achieving
remarkable results continued this year as well, and Belgrade
remained one of the leading centers for arbitration law and legal
education.
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