ICA Moot Issue - ILSA 2023

Phuong Leapheng, Ma Kannharith,
Vong ChanRothana
Content
• Introduction
• Issues of the 30th Annual Willem C. Vis International
Commercial Arbitration Moot
• What is governing law?
• What is CISG?
• Scope of application of the CISG
• Sources in ICA Moot
• Hierarchy of authorities in ICA Moot
1. Introduction
Willem C. Vis International Willem C. Vis (East) International

Commercial Arbitration Commercial Arbitration Moot
Moot (Vis Moot - Vienna) (Vis East Moot - Hongkong)
2. Issues of the 30th Annual Willem C. Vis ICA Moot
• Does the Arbitral Tribunal have jurisdiction to hear the dispute?

• If the Tribunal’s jurisdiction can be established should the
proceedings be stayed until the investigations against Mr. Field
have been concluded or, alternatively, bifurcated?
• Is the Purchase and Supply Agreement governed by the CISG?

• In case the Purchase and Supply Agreement is governed by the
CISG, can Respondent rely on Art. 3.2.5 of the International
Commercial Contract Act of Equatoriana to avoid the contract as
stated in its letter of 30 May 2022 or is Claimant correct that this
is excluded in light of the facts invoked?
3. What is Governing law?
• refers to law of a country (third country) that applies to interpret the
contract between the parties in the event of a dispute.
• the parties may choose the governing law by themselves by expressly
mentioned in the contract e.g. This contract will be governed by the
contract law of France (arbitration clause).
• There are 5 governing laws that relevant to ICA:
• Law governing the contract (formation, performance, termination)
• Law governing the arbitration agreement
• Law governing the arbitral proceedings
• Law governing the capacity of the parties
• Law governing the land of enforcement of arbitral award
4. What is CISG? (Cont.)
CISG - United Nation Convention on Contract for international Sale
of Goods (Vienna Convention, Adopted in 1980).
• is a multilateral treaty that establishes a modern, uniform, and
fair regime for 'contracts for the international sale of goods'.
• sets out rules for contract formation, rights and obligations of
sellers+buyers of goods, remedies in case of non-performance
• As of May 2023: ratified by 95 counties (Contracting States)
• all rules of the CISG are incorporated into the local law of the
contracting states
4. What is CISG? (Cont.)
Background of CISG:
CISG is a successor to two substantive international sales treaties,
namely
㻊 the Convention relating to a Uniform Law on the
Formation of Contracts for the International Sale of
Goods (ULF), and
㻊 the Convention relating to a Uniform Law for the
International Sale of Goods (ULIS)
5. Scope of Application
of the CISG
Article 1:
(1) This Convention applies to contracts
of sale of goods between parties whose
places of business are in different States:
(a) when the States are Contracting
States; or
(b) when the rules of private
international law lead to the application
of the law of a Contracting State.
5. Scope of Application of the CISG (Con't)
Article 2:
This Convention does not apply to sales:
(a) of goods bought for personal, family or household use,
unless the seller, at any time before or at the conclusion of the
contract, neither knew nor ought to have known that the goods
were bought for any such use;
(b) by auction;
(c) on execution or otherwise by authority of law;
(d) of stocks, shares, investment securities, negotiable
instruments or money;
(e) of ships, vessels, hovercraft or aircraft; (f) of electricity.
5. Scope of Application of the CISG (Con't)
Article 6:
The parties may exclude the application of this Convention or,
subject to article 12, derogate from or vary the effect of any of
its provisions.
Article 95:
Any State may declare at the time of the deposit of its
instrument of ratification, acceptance, approval or accession
that it will not be bound by subparagraph (1)(b) of article 1 of
this Convention.
6. Sources in ICA Moot
• United Nation Convention on Contract for international

Sale of Goods ('CISG')
• UNIDROIT Principles/Relevant International Contract Law
• Other relevant contract laws (specified in moot problem)
• Case Law/Precedents
• Books/Journal
7. Hierachy of authorites in ICA Moot
• Parties' agreement
• Applicable law/Rules
• Judicial Decisions & Arbitral Award
• Books/Journals
Question
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Phuong Leapheng, Ma Kannharith,

Willem C. Vis International Willem C. Vis (East) International

• Does the Arbitral Tribunal have jurisdiction to hear the dispute?

• Is the Purchase and Supply Agreement governed by the CISG?

• United Nation Convention on Contract for international

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