STEPS TO MOOT COURT IV

STEPS TO MOOT COURT IVOral Skills Training Workshop

Nguyen Vu Quynh Trang, Trainee SolicitorBaker & McKenzie (Vietnam) Co. Ltd.

27 April 2014

CONTENT OUTLINE

• Oral Submission Preparation

• Style, Poise and Demeanour

• Responding to Questions

1Oral Submission Preparation

ORAL SUBMISSION PREPARATION

‒ Have something in writing is much better

‒ Keep your main points simple and hard-hitting

‒ Limit use of complex and hard-to-pronounce words

‒ Maximum use of linking words ‒ Memorize facts, cases and

regulations‒ Be well-armed and well-organized

with all materials

Note: Take time to outline your oral submission!

ORAL SUBMISSION PREPARATION

Structure of the oral submission

Introduction

Statement of Facts

Main arguments

Closing

Who you are, whom you represent, brief your main points

Summary key contents of the case (Claimant)

Detailed explanation on most crucial points

Closing statement briefing what you want the Tribunal to rule

Brief introductionE.g.

My name is Nguyen Vu Quynh Trang. And it’s my honor to appear in front of

the Arbitral Tribunal today, pleading on behalf of X, the Claimant in this case.

With me today is my co-counsel/colleague Mr. Le Nguyen Duy Hau.

I will speak in the first 5 mins, addressing our 1st submission, regarding the

problem: ABC.

After that, my co-counsel/colleague Ms. Le Nguyen Duy Hau will speak in the

next 5 mins, addressing our 2nd submission about DEF.

Unless the Tribunal has any further questions, may I be allowed to proceed?

2Style, Poise and Demeanour

STYLE, POISE AND DEMEANOURDress smart!

STYLE, POISE AND DEMEANOURDress smart!

STYLE, POISE AND DEMEANOUR

‒ Do not read‒ Be aware of your body language‒ Avoid acts of distraction‒ Control your tone, volume and speed‒ Control your personal emotion‒ Limit reliance on others’ help‒ Pause and break

Mind your image: ACT RESPECTFULLY

STYLE, POISE AND DEMEANOUR

‒ Keep track of your time, respect your colleague’s attributed time.

‒ Keep calm‒ Ask for more time: “I see that my time

has expired. May I have your permission to conclude/further explain on this point?”

‒ If denied: “In such case, we hereby request the Tribunal to rule in favor of the [...] on these said matters.”

Mind your time: MOST CRUCIAL POINT COMES FIRST

3Responding to Questions

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Some types of questions‒ Factual questions‒ Legal questions ‒ Debating questions ‒ Humorous questions or observations‒ Irrelevant/Hypothetical questions‒ Hostile questions

RESPONDING TO QUESTIONS

Note: Anticipate beforehand as many questions as possible!

RESPONDING TO QUESTIONS

Prepare possible

questions and

answer

Wait until being asked

Incorporate questions inyour arguments

RESPONDING TO QUESTIONS

• Don’t stress• Be prepared to modify

your arguments• Know when to be quiet• Don’t postpone answer• Direct answer

Learn from your opponent’s answers!

RESPONDING TO QUESTIONS

‒ Try to understand questions first:• Signal your confusion by opening your answer with: e.g.

“Mr/Ms Arbitrator, if I understand your question correctly that X means Y…”

‒ Do ask for repetition• e.g. “May I ask your pardon please?”

‒ What to do:• In hot argument• In cold argument• If the Tribunal ignores you

Stay calm in any circumstances!

• Prepare clear notes and have your main points in mind

• Focus on two or three main points, not more• Annotate your outline as your opponent

speaks – be flexible• Strengthen your argument from what your

opponent and the Tribunal has exchanged• Don't spend your time nattering about your

opponent's every mistake

Preparing beforehand may not help!

FOR RESPONDENT, REBUTTAL AND SUR-REBUTTAL

Thank you