Foreign Direct Investment International Moot Competition

FOREIGN DIRECT INVESTMENT INTERNATIONAL MOOT COMPETITION

2008

OFFICIAL RULES

1. DEFINITIONS

“Arbitrator” – a highly qualified scholar and/or practitioner participating in the Oral Hearing and scoring the Teams’ oral presentations.

“Bench Brief” – a sample Memoranda containing laws and authorities concerning the Case prepared by the Advisory Board for the exclusive use of the Arbitrators and Memorandum Judges and the Organizer.

“Advisory Board” – an honorary body consisting of 12 prominent scholars and practitioners in investment law and arbitration, serving staggered three-year terms.

“Case” – a set of documents, annually prepared by the Advisory Board containing a general description of the dispute, documents previously submitted by the parties, their correspondence with each other and with the arbitration panel, as well as any other information as may be considered necessary to be included.

“Claimant” – a Team arguing on behalf of an individual investor in the Competition.

“College of Arbitrators” – a body composed of the highly qualified scholar and practitioners from which Arbitrators and Memorandum Judges will be appointed each year.

“Competition” – the annual Foreign Direct Investment International Moot Competition (the FDI Moot).

“Competition Website” – an official website of the Competition, containing necessary information for the administration and participation in the Competition.

“Endorser” – a prominent international organization/entity in the sphere of international investments/arbitration regulations assisting to the Competition.

“Final Round” – a final match between the two winning Teams from the Preliminary Rounds to define the Winner of the Competition.

“Hosting University” – a University hosting the Oral Hearing of the Competition.

“Memorandum Judge” – a highly qualified scholar or practitioner reviewing and scoring the written Memoranda submitted by the participating Teams.

“Oral Hearing” – the final stage of the Competition held at the Hosting University consisting of Oral Rounds (Preliminary and Final).

“Oral Round” – a match of oral presentation of two Teams, one representing Claimant another one – Respondent.

“Organizer” – the Center for International Legal Studies (Salzburg, Austria).

"Preliminary Round" – an Oral Round to define a winning Team in a single match to compete further in the Competition.

“Procedural Order No. X” – an official clarification of the Case and the Rules, prepared by the Advisory Board and the Organizer.

“Registration Fee” – an official fee transferred by each Team to cover the administrative expenses for the Competition.

“Registration Form” – an official document containing the basic information about the School and Team members and Registration Fee payment instructions filled-in and submitted to the Organizer by every school wishing to participate in the Competition.

“Request for Clarifications” – an official request of a Team to clarify the Case or the Rules, submitted to the Organizer within the time-limit stated in the Time Schedule.

“Respondent” – a Team arguing on behalf of a host State (subdivision/state investment agency) in the Competition.

“Rules” – the official rules of the Competition including all the amendments and corrections issued by the Organizer as necessary.

“School”- any law school or other university level institution that has a law-related program of study and is willing to participate in the Competition.

“Sponsor” – an individual, commercial entity or institution providing material support to participating teams (registration fee, travel or accommodation grants), social events during the Competition (receptions, dinners, etc.), Competition winners (awards) and Competition in general.

“Team” – a team of eligible students competing in the Competition.

“Time Schedule” – an official timetable of the Competition annually prepared by the Organizer and posted on the Competition Website.

2. GENERAL PROVISIONS

2.1. Organization

The Foreign Direct Investment International Moot Competition (“the FDI Moot” or “the Competition”) is an annual competition organized by the Center for International Legal Studies in cooperation with the parties listed in the Declaration on Establishment of Foreign Direct Investment International Moot Competition and in accordance therewith.

2.2. Administration

1. The Organizer shall be responsible for the organization and execution of the Competition.

2. All requests regarding the administration of the Competition, implementation and interpretation of its Rules shall be directed to the Organizer.

3. The Organizer is located at Schweigmuehlweg 6B, A-5020 Salzburg, Austria; Tel. +43 (662) 835399; Fax +43 (662) 835399-22 www.fdimoot.org. All communication with the Organizer shall be held via e-mail: mailto:cils@fdimoot.org.

2.3. Endorsement

The list of official Endorsers of the Competition is posted at the Competition Website and is subject to changes as necessary.

2.4. Advisory Board

1. The Advisory Board shall consist of prominent scholars and/or practitioners in the field of foreign investments and arbitration dispute resolution. The members of the Board shall be appointed by the Organizer for the term of 3 years upon the recommendation of the rest of the Board. For the purposes of the organization of the first Competition, all members of the Board shall be appointed simultaneously.

2. The information on current members of the Advisory Board shall be available at the Competition Website.

3. The tasks of members of the Advisory Board may include:

a. Representing the Competition internationally;

b. Drafting the Case and the Bench Brief for each Competition;

c. Preparing the Procedural Order No. X containing the clarifications to the Case;

d. Opening and closing the Oral Hearing;

e. Presiding over the Oral Rounds;

f. Announcing the winners of the Prizes.

4. All the provisions of the present Rules referring to the conduct of Arbitrators shall also be applicable to the members of the Advisory Board serving as chairs of the panels at the Oral Rounds.

2.5. College of Arbitrators

1. The Competition shall have a list of Arbitrators and Memorandum Judges, appointed by the Organizer (the College of Arbitrators). The information about Arbitrators and Memorandum Judges serving at each particular year of the Competition shall be available at the Competition Website.

2. Any scholar or practitioner interested in foreign investments and/or arbitration upon his/her application to the Organizer may be appointed to the College of Arbitrators. Team coaches or any other persons directly affiliated with Teams may also be appointed to the College of Arbitrators.

3. No Arbitrator may sit on a panel of any Oral Round involving a Team with which she/he has an affiliation or acquaintance, or any other relation to the Team or its School, which may impair the Arbitrator's impartiality. All the Arbitrators to the best of their knowledge shall inform the Organizer about such facts.

4. The tasks of an Arbitrator may include:

a. Serving on arbitration panels at the Oral Rounds;

b. Scoring the Teams members in the Oral Rounds.

c. Participating in the opening and closing ceremonies of the Oral Hearing.

2.6. Subject Matter

1. The Competition shall involve a hypothetical dispute in connection with an investment by a private investor (Claimant) in a foreign host state (Respondent).

2. Relevant institutional (e.g. Rules of Procedure for Arbitration Proceedings, or the Additional Facility Rules of the International Centre for Settlement of Investment Disputes, Arbitration Rules of the London Court of International Arbitration) or ad hoc rules (e.g. UNCITRAL Arbitration Rules) will apply to the proceedings.

3. By the time the Competition begins, Claimant has filed its request for arbitration (stating very general facts), Respondent has submitted its statement of defense; the parties have established a three-member arbitral tribunal. Later on, the parties have conducted a pre-hearing conference whereby they exchanged the information and stipulated the uncontested facts, fixed by the arbitral tribunal in the form of Procedural Order No. X. No amicable settlement is achieved.

2.7. Structure

The Competition shall consist of two stages: preparation and submission of written Memoranda for Claimant and Respondent, and presentation of oral arguments at the Oral Hearing.

2.8. Venue of Oral Hearing

1. The Oral Hearing shall be held at the facilities of the Hosting University and/or the sponsoring legal firms and international organizations determined each year by the Organizer.

2. The Oral Hearing for the 2008 Competition shall take place at the premises of the Suffolk University Law School, located at 120 Tremont Street, Boston, MA, 02108-4977.

2.9. Language

The Competition shall be conducted in English.

2.10. Copyright

1. All materials prepared by the Organizer or by the Advisory Board, or by the College of Arbitrators for the Competition, including without limitation the Case, the Bench Brief, the Procedural Orders, X, the Rules, the Time Schedule etc., are the exclusive property of the Organizer and may not be used for any purpose other than administration of the Competition and/or participation therein, without prior express written consent of the Organizer.

2. All Memoranda submitted in the Competition become the sole property of the Organizer and may be copyrighted as such.

3. The Organizer reserves all the rights to the audio and videotaping of any Oral Round, or part thereof.

3. PARTICIPATION AND ELIGIBILITY

3.1. Team Composition

1. Any law school or other university level institution that has a law-related program of study ("the School") may participate in the Competition. There shall be no restriction as to the number of the Teams originating from the same country.

2. The list of Team members, stating their names and program of study, shall be submitted to the Organizer in the Registration Form or later in accordance with the Time Schedule. The Organizer shall be notified in writing about any changes in the Team’s composition, before the beginning of the Oral Hearing.

3. Each participating School shall form one Team composed of two or more students, officially enrolled at such School. There shall be no maximum limit on the number of Team members.

3.2. Team Members’ Eligibility

1. In order to become a Team member each student shall satisfy the eligibility requirements. There shall be no restrictions as to age, nationality, citizenship, gender, or former participation in the Competition of the Team members.

2. A student shall be enrolled in a program of undergraduate or advanced legal studies when he or she becomes a Team member. A visiting student, a student enrolled as an extern or apprentice may also become a Team member. Participation of students enrolled in programs other than law may be allowed upon prior written consent of the Organizer.

3. A student who has already been admitted to the bar or legal practice in any jurisdiction may only become a Team member with the prior written consent of the Organizer.

3.3. Participation

1. Each Team member may participate in drafting Memoranda for Claimant and Respondent. In the Oral Rounds, each Team shall be represented by two members only. The same or different Team members may participate in different Oral Rounds arguing for Claimant or for Respondent.

2. Teams shall not reveal their School or country of origin to the Arbitrators or the Board of Advisers at any time during the Competition. Every Team shall be referred to by the registration number assigned by the Organizer upon the completion of the Team's registration.

3.4. Outside Assistance

1. All research, writing and editing shall be the exclusive product of Teams members. Teams may seek and receive outside assistance, which shall be limited to a general discussion of the issues, suggestions as to the research sources, general commentaries on arguments, organization and structure, and training in preparing to the Oral Hearing.

2. Any assistance to the Teams from the members of the Advisory Board shall not be allowed. A Team shall not be allowed to seek and receive any assistance from another Team.

4. REGISTRATION

4.1. Registration Form

1. Every School shall fill-in and submit to the Organizer within the time-limits specified in the Time Schedule the Registration Form available on-line at the Competition Website.

2. In the Registration Form, each Team shall designate a Team contact, communication with whom shall be considered to constitute communication with the Team. Communication between a Team and the Organizer via anyone other than the Team contact shall be at the risk of the Team.

4.2. Registration Fee

1. The Registration Fee shall be set by the organizer for each year and publicized in the Registration Form for each year’s Competition, and shall be used to cover the expenses connected with the organization and administration of the Competition. Payment of the Registration Fee may be made by the means set out in the Registration Form.

2. The Registration Fee shall be transferred in accordance with the Time Schedule.

3. If the Team withdraws from the participation in the Competition prior to the submission of the Memoranda in accordance with the Time Schedule, the Registration Fee shall be refunded in full, less bank charges or any other related expenses.

4. In exceptional cases, a Team unable to pay the Registration Fee may request a waiver from the Organizer. The Organizer may grant such a waiver in its sole discretion or may direct the Team to a potential Sponsor.

4.3. Official Registration

1. The registration procedure of every Team shall follow the instructions stated in the present Rules and in the Registration Form.

2. The Organizer officially confirms on the Competition Website the registration of each Team upon the receipt of both the Registration Form and the Registration Fee.

3. The Organizer shall assign each Team a registration number to be used instead of the Team’s school official name on the cover pages of the Memoranda and during the Oral Hearing.

5. CASE

5.1. Dispute

1. A Dispute arises between a foreign private investor (Claimant) and a host state (Respondent) represented by a state agency/organ/entity our of an investment made there. An investment agreement, applicable treaty, or applicable national legislation contains an arbitration clause providing for dispute resolution before an arbitral tribunal consisting of three arbitrators in accordance with the chosen arbitration rules.

2. The Dispute shall involve a set of theoretical and practical issues both in the sphere of arbitration adjudication and foreign investments. Any existing or fictitious legal provisions may be used.

3. The Dispute itself and the names of all the parties mentioned in the Case are fictitious. Any resemblance to an actual dispute or persons living or dead is purely coincidental.

5.2. Drafting the Case

1. The Case shall be annually drafted by a group of three members of the Advisory Board, once during their 3-year term of service. The rest of the Advisers shall be invited to comment on the draft Case. The name of Advisors drafting the Case upon their express permission shall be made public.

2. The Case shall consist of any relevant contracts concluded between the parties, their correspondence prior to the date of official announcement of the Competition, notice/request of arbitration, statements of claim and defense and their exhibits, minutes of the pre-hearing conference held by the arbitral tribunal, any procedural documents issued by the arbitral tribunal. Facts of the Case may also be presented in the form of governmental decisions of the Respondent, newspaper articles, website information, etc. No additional facts shall be allowed, unless they are logical or publicly available.

5.3. Case Delivery

1. The Organizer shall post the Case on the Competition Website on the date stipulated in the Time Schedule and to provide equal access thereto.

5.4. Requests for Clarifications

1. Each Team may submit its request for clarifications in accordance with the Time Schedule. Any request for clarifications shall state a reason thereof or contain a short explanation of the significance of the clarification.

2. The clarifications shall be prepared by the Advisory Board in the form of the Procedural Order No. X and distributed to the Teams by the Organizer in accordance with the Time Schedule.

3. The Advisory Board shall retain the right to clarify only on legally significant matters or those matters that may affect the understanding of facts of the dispute.

5.5. Bench Brief

1. The Bench Brief outlining the major arguments and containing possible solutions to the issues raised in the Case, shall be prepared by the members of the Advisory Board that have drafted the Case.

2. The Organizer shall distribute the Bench Brief only to the Memorandum Judges and the Arbitrators in accordance with the Time Schedule.

3. The Bench Brief is strictly confidential. Authorized readers of the Bench Brief shall not disclose its contents to Teams. A team making use of the Bench Brief shall be disqualified from the Competition by the Organizer.

6. WRITTEN MEMORANDA

6.1. Submission of Memoranda

1. Each Team shall prepare a Memorandum for Claimant and a Memorandum for Respondent. Both Memoranda shall be submitted to the Organizer via e-mail no later than the date specified in the Time Schedule.

2. A Memorandum shall be contained in a single file. The electronic copies shall be submitted in PDF format. If a Team is unable to send its Memoranda by e-mail or convert the file into PDF format, or experiences any other technical difficulties in submitting its Memoranda, it must immediately notify the Organizer, before the expiration of the deadline specified in the Time Schedule for e-mailing the Memoranda.

3. Equipment or software failure or problems shall not be considered as an excuse for improper formatting or late submission of Memoranda.

4. No Team may revise, substitute, add, delete, or in any other manner alter their Memoranda once submitted.

6.2. Content

1. Each Memoranda shall necessarily contain the following parts:

a. Cover page;

b. Table of Contents;

c. List of Authorities;

d. List of Legal Sources;

e. Statement of Facts;

f. Arguments.

2. A Memorandum may contain additional parts or exhibits as necessary.

3. The name of a Teams' School or country of origin shall not appear on the cover page or in any other way in the Memoranda. A Team shall be identified only by its designated registration number. A registration number shall be placed in the upper right-hand corner of the outside front cover of each Memorandum.

6.3. Length

Memoranda shall be no longer than 15,000 words, including any statement of facts and arguments. Cover pages, tables of contents, indices, lists of authorities, or other material that does not consist of facts or arguments may be in addition. The total number of pages shall not exceed 17,500 words.

6.4. Style Requirements

1. A Memorandum shall be drafted in English. The usage of Latin maximums and foreign language (e.g. Kompetenz-Kompetenz) is allowed in so far as they are widely accepted and known. The text shall avoid slang or contractions not allowed in formal legal submissions.

2. The font and size of the text of all parts of the Memorandum, of the citations and quotations within the text shall be either Times New Roman 12-point or Courier 10-point. The statement of facts and arguments shall be typed at 1½ line-spacing. All the margins at all parts of a Memorandum shall be at least one inch or 2,5 cm.

3. The maximum 40 (forty) pages of the statement of facts and arguments together shall be numbered consecutively in Arabic numerals (1-40). All other parts of a Memorandum shall be page-numbered consecutively in small Roman numerals (i, ii …). Each page shall be numbered in the middle at the bottom.

4. The paragraphs of the statements of facts and arguments parts shall be numbered consecutively in Arabic numerals.

6.5. List of Authorities and Citations

1. The List of Authorities shall contain only those authorities cited in the Memorandum. The authorities shall be cited in full and shall be made in a form adequate to allow an educated reader to identify and locate the authority.

2. The footnotes shall be used to cite the authorities in the arguments' section. No facts or arguments shall be included in the footnotes. The footnotes may contain the shortened form of citations (cited in full in the List of Authorities).

3. The style requirements stated in the present Rules shall also be applicable to the footnotes.

6.6. Quotations

Excessive quotations shall be avoided. A quotation of more than one line in length shall be block quoted and single-spaced.

6.7. Cover Page

1. Every Memorandum shall have a cover page. The style requirements of these Rules do not apply to the cover page.

2. A cover page shall contain the following and only the following information:

a. The Team registration number;

b. The name of the administering arbitration center;

c. The name of the Case and its parties

d. The title of the Document: Memorandum for Claimant or Memorandum for Respondent.

6.8. Revision and Scoring of Memoranda

1. All the Memoranda submitted to the Organizer shall be forwarded by the latter to the Memorandum Judges. Each Memorandum shall be judged individually by three Memorandum Judges independently from each other.

2. The Memorandum Judges shall score the Memoranda on the quality of analysis of the issues involved, persuasiveness of the arguments, logic and reasoning, writing, knowledge of the facts, use of authorities and extent of the research, and adherence to the style specified in the present Rules. Each of three Memorandum Judges scoring individual Memorandum may maximally estimate it on 100-scale basis: 50-60 point being poor, 61-70 points being average, 71-80 being good, 81-90 points being excellent, 91-100 points being outstanding. The maximum number of points a single Memorandum may receive is 300. Teams having submitted the best Memorandum for Claimant and the best Memorandum for Respondent shall be eligible for the Prizes stipulated by the present Rules.

6.9. Receipt of Memoranda of Other Teams

Each Team shall receive in general four Memoranda drafted by other Teams: two Memoranda for Claimant and two for Respondent, in order to prepare for the Oral Hearing. The Memoranda shall be randomly chosen and distributed by the Organizer in accordance with the Time Schedule.

7. ORAL HEARING

7.1. General Procedure

1. The Oral Hearing is a final stage of the Competition, which shall consist of Preliminary, Semi-final, and Final Oral Rounds. If the Organizer deems it beneficial to the Competition, Quarter-Final Rounds may be conducted prior to the Semi-Final Rounds.

2. The Oral Hearing shall take place generally at the premises of the Hosting University and/or sponsoring law firm and/or international organization. The exact place of the Oral Hearing shall be revealed each year together with the announcement of the Competition.

7.2. Oral Arguments

Each Team shall prepare in English an oral argument for Claimant and for Respondent. The scope of oral pleadings shall not be restricted by the arguments stated in Team's written Memoranda.

7.3. Oral Rounds

1. Each Oral Round consists of 60 minutes of oral pleading. Claimant and Respondent are each allotted 25 minutes to present their arguments and 5 minutes each to comment on the arguments presented by the other party. The time allotted to individual Team includes the time needed to answer any questions from the panel. The arbitral tribunal may exceed the time limits of an individual Oral Round, thus allowing each Team some additional time, however not exceeding the general 90 minutes for the whole Oral Round. The Arbitrators shall ensure that the Teams are treated fairly.

2. A Team shall in principle equally allocate the time between the two oralists.

3. Only students registered as Team members may act as oralists. Two Team members may make oral presentation during one Oral Round. Other Team members may be present in the session in which their Team is pleading.

4. The Organizer shall supply the Teams with the Schedule of the Oral Rounds.

7.4. Arbitrators

1. Three arbitrators shall preside over individual Oral Rounds. The Arbitrators shall be appointed by the Organizer from the College of Arbitrators for each Competition. The members of the Advisory Board visiting the Oral Hearing may be appointed chairs of the Oral Rounds.

2. During the Oral Rounds, the Arbitrators may interrupt the oralists to ask questions or clarify the arguments.

7.5. Communication During Oral Rounds

1. No oral or written communication shall take place between the Team oralists pleading in a given Oral Round and other Team members, accompanying staff members or any member of the public.

2. Team oralists themselves may exchange written notes, or assist each other in finding the necessary documents during the Oral Rounds. No other way of communication or behavior that distracts from the pleading shall be allowed.

7.6. Publicity

1. All Oral Rounds shall be open to the public. Upon the Teams and the Arbitrators prior request, the Organizer may limit the number of spectators in a room of an Oral Round.

2. None of the Team members, coaches, or persons officially affiliated with a Team participating in the Quarter- and/or Semi-Final Rounds may attend these Rounds, other than those involving their Team.

3. The Final Round shall be open. The Organizer may provide for the live web cast of the Teams pleading on the Competition Website.

7.7. Evidence

No documentary evidence (exhibits, handouts, flip-charts etc), Power Point projection, or examination of witnesses or experts is allowed during the Oral Hearing.

7.8. Scouting

1.Team members or persons directly affiliated with any Team may only attend Preliminary Rounds in which their Team is competing.

2. No audio or video taping of the Oral Rounds shall be permitted without prior consent of the Organizer.

3. The Organizer may in the interests of the Competition waive this Rule. Violation of this Rule should be brought to the attention of the Organizer immediately, without disturbing the Oral Round, or immediately after the Oral Round has finished.

7.9. Ex Parte Oral Rounds

1. In case a Team fails to appear for a scheduled Oral Round, the arbitral tribunal after notifying the Organizer and waiting for 30 minutes shall conduct the Oral Round ex parte. In such a case, the attending Team may present its arguments and shall be scored as if the absent Team were present.

2. The Team that fails to appear at the scheduled Oral Round forfeits 300 points.

3. In case the absent Team proves to the Organizer its objective inability to attend the scheduled Round, the Organizer with a view to time and other administrative concerns, may schedule an additional ex parte Oral Round for such a Team to allow it to gain points for the missed Oral Round.

7.10. Preliminary Rounds

1. Each Team shall present an oral argument in four Preliminary Rounds: twice as Claimant and twice as Respondent.

2. In the Preliminary Rounds in principle, each Team shall be paired with the Teams, whose Memoranda it received for consideration, i.e., a Team pleading Claimant shall be paired with two Teams whose memoranda for Respondent it received, etc.

3. In case the Teams must be newly paired, the Organizer shall provide such Teams with their opponents’ Memoranda as soon as such pairing is made, in any event no later than 30 minutes before the Oral Round begins.

7.11. Scoring

1. The Arbitrators shall score the individual oralists' presentations during Preliminary Rounds. The Organizer shall prepare and supply the Arbitrators with the official scoring sheets.

2. In estimating individual oralists' presentations the Arbitrators shall take into account the competence, inclusion of relevant facts, knowledge of legal norms, structure and logic of the arguments, response to questions. The Arbitrators shall also take into account that for some Teams English language is not the mother tongue.

3. Every Arbitrator shall award each oralist a maximum of 50 points per round: 25-30 points being poor, 31-35 points being average, 36-40 being good, 41-45 points being excellent, 46-50 points being outstanding. The score per Oral Round for the oral arguments of a Team shall be the total of the points awarded and may be a maximum of 300 points (150 points for each Team's oralist).

4. The total number of points a Team may receive in Preliminary Rounds may not exceed 1200 points.

7.12. Quarter-Final Rounds

1. Where the Organizer deems it beneficial to the Competition to conduct Quarter-Final Rounds prior to the Semi-Final Rounds, the eight Teams having received the greatest number of points in the Preliminary Rounds shall be eligible to participate in the Quarter-Final Rounds.

2. The Quarter-Final Rounds shall consist of four Matches. The pairing for the Matches shall be made as follows. Match One - the eighth-ranked Team versus first-ranked Team; Match Two - the seventh-ranked Team versus the second-ranked Team; Match Three - the sixth-ranked Team versus the third-ranked Team; Match Four - the fifth-ranked Team versus the fourth-ranked Team.

3. The decision as to which Team pleads Claimant and which pleads Respondent shall be determined by a lot.

4. Each Team shall be supplied with the opponent’s Memorandum at least 30 minutes before the Quarter-Final Round begins.

5. The Arbitrators shall not score the Teams’ oralists, but rather shall determine a winning Team of each of the Quarter-Final Rounds.

7.13. Semi-Final Rounds

1. Four Teams having received the greatest number of points in the Preliminary Rounds (or the Teams winning each of the Quarter-Finals Matches) shall be eligible to participate in the Semi-Final Rounds.

The pairing for the Semi-Final Sessions shall be made as follows. Session One - the fourth-ranked Team (or Quarter-Final Match Four winner) versus first-ranked Team (or Quarter-Final Match One winner); Session Two - the third-ranked Team (or Quarter-Final Match Three winner) versus the second-ranked Team (or Quarter-Final Match Two winner).

2. The decision as to which Team pleads Claimant and which pleads Respondent shall be determined by a lot.

3. Each Team pleading in the Semi-Final Rounds shall be supplied with the opponent’s Team Memoranda.

7.14. Final Round

1. The winning Teams of the Semi-Final Rounds shall be advanced to the Final Round.

2. The Final Round shall be held in the presence of all the participants of the Competition followed by the Closing Ceremony.

3. The decision as to which Team pleads Claimant and which pleads Respondent shall be determined by a lot.

8. PRIZES

8.1. Winner of the Competition

The winning Team of the Final Round is the winner of the Competition.

8.2. Best Oralist

The best individual oralist of the Oral Hearing shall be determined by adding the scores awarded to that oralist in two Preliminary Rounds in which he/she argued. If the oralist participated in more than two Preliminary Rounds, the two Rounds with his/her maximum scores shall be taken into consideration.

8.3. Best Memorandum for Claimant

A Team that received the greatest numbers of points from the Memorandum Judges for its Memorandum for Claimant shall be eligible for the Prize.

8.4. Best Memorandum for Respondent

A Team that received the greatest numbers of points from the Memorandum Judges for its Memorandum for Respondent shall be eligible for the Prize.

8.5. Highest-Ranked Team

The Team with the highest overall Team score shall be eligible for the Prize. The overall Team's score is the sum of the points for the Team's Memoranda for Claimant and Respondent and points granted to the Team's oralists during the Preliminary Rounds.

8.6. Honorable Mention of Oralists

The first 10 oralists who received the greatest number of points during the Preliminary Rounds shall be Honorably Mentioned at the Closing Ceremony of the Competition.

8.7. Tie-Breakers

Where two or more Teams have achieved the same scores in the Oral Rounds, then the Team with the higher aggregate Memoranda score shall prevail. Where two or more Oralists have achieved the same scores for their best two Rounds, then the number of Rounds counted shall be increased to three and then if necessary to four.

9. PENALTIES

9.1. Imposition

During the Competition, penalties may be imposed by the Organizer, the Memorandum Judges, or the Arbitrators.

9.2. Penalties for Written and Oral Performances

1. The Memorandum Judges may during the scoring procedure reduce the number of points awarded to a Team's Memorandum for violations of Rules 6.1 – 6.7.

2. The Arbitrators scoring the Preliminary Rounds may reduce the number of points awarded to a Team's individual oralist for violations of Rules 7.5 and 7.7.

3. The Organizer may reduce the number of points awarded to a Team for violation of Rule 7.8.

4. The size of the penalty (the number of point being deducted) shall correspond to the severity of the violation as adjudged by the Memorandum Judges, the Arbitrators, or the Organizer accordingly.

5. In imposition of the penalties, every Team shall be treated equally. The Memorandum Judges and the Arbitrators shall be provided with the internal instructions as to the number of points to be deduced for each violation of the present Rules.

9.3. Disqualification

1. The Organizer shall be authorized to disqualify a Team for the violation of the following Rules:

a. Rule 3.2(2);

b. Rule 3.2(3);

c. Rule 3.3(3);

d. Rule 3.4(2);

e. Rule 5.5(3);

f. Rule 7.3(3);

g. Rule 7.6(2).

2. The Organizer shall immediately notify a Team about its disqualification.

3. The decision of the Organizer is final and is subject to no appeal.

10. MISCELLANEOUS

10.1. Communication

All requests regarding the organization and administration of the Competition shall be directed to the Organizer via e-mail. No Team shall seek direct communication with the members of the Advisory Board or College of Arbitrators, unless they are the Team’s coaches.

10.2. Registration Form and Time Schedule

The Registration Form and the Time Schedule form an integral part of the present Rules and, unless expressly provided otherwise, a reference to the present Rules also constitutes a reference to the Registration Form and the Time Schedule.

10.3. Interpretation of Rules

All requests for the interpretation of the present Rules shall be forwarded to the Organizer. The Organizer shall also annually review and amend the Rules as necessary to correspond to the actual circumstances.

10.4. Observance of Rules

Any Team submitting the Registration Form and transferring the Registration Fee thus agrees to observe the present Rules.

10.5. Decisions of Organizer

Any decision of the Organizer in connection with the organization, execution and administration of the Competition is final and subject to no appeal.

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