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STEPS TO MOOT COURT III. ORAL SKILL TRAINING WORKSHOP. 1. 2. 3. 4. PRESENTING AN ORAL SUBMISSION. Making a persuasive argument. Dealing with QUESTIONS. RESPONDING an oral submission. CONTENT OUTLINE. Presenting an oral submission. APPEARANCE Dress smart!. - PowerPoint PPT Presentation
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ORAL SKILL TRAINING WORKSHOP
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CONTENT OUTLINE
PRESENTING AN ORAL SUBMISSION1
Making a persuasive argument2
Dealing with QUESTIONS3
RESPONDING an oral submission4
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Presenting an oral submission
APPEARANCE Dress smart!
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Presenting an oral submission
Appropriate hand-gesture
Eye-contact
Be respectful and nice!
Be confident but not aggressive!
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Presenting an oral submission
VOICE AND DELIVERY Focus on pronunciation Speak slowly, clearly and moderate the
volume Pause and stress on important words
PRACTICE MAKES PERFECT !!
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Presenting an oral submission
TIME MANAGEMENT
Be awared of time.
Running out of time? keep calm, ask for time
extension and brief the arguments.
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Making a persuasive argument
BRIEF WHAT YOU WILL SAY
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My name is Tran Ngoc Linh Tam. And it’s my honor to appear in front of Kula Lumpur Regional Arbitration Center today, pleading on behalf of GWNS, the Claimant in this case.
With me today is my co-agent Ms. Dang Cuu Ngoc Huyen.
May it please the Arbitrators?
I will speak in the first 5 mins, addressing our 1st submission, regarding the problem:
What is the proper law to apply in resolving this dispute.
Then my co-agent Ms. Dang Cuu Ngoc Huyen will speak in the next 5 mins, addressing our 2nd submission about the validity of the Franchise Agreement under Indonesian Law – specifically Article 31 of Law 24.
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Making a persuasive argument
EXPRESS AS SIMPLY AS POSSIBLE
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Making a persuasive argument
Don’t use too many strange or complex words.
Signposting: number each of the arguments or use linking words
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Making a persuasive argument
ADDRESS ALTERNATIVE ARGUMENTS
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“The applicable law clause violates the exceptions of the choice of law principles . Now I’ll address these violations in the following arguments. And each of these arguments is made in alternative. The Arbitrators need only to accept one of them to find that the choice of law should be set aside.”
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Making a persuasive argument
ADDRESS YOUR WEAKNESSES
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“The applicant acknowledges that there are
authorities that do not support the interpretation
submitted by the applicant and the respondent will
undoubtedly refer to many of those. But the applicant
strongly urges the court to determine the case on its
own merits. The circumstances of the present case are
different to warrant a different conclusion…”
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Making a persuasive argument
MASTER FACTS, LAW & CASES
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Making a persuasive argument
Law- Learn by heart the very important provisions.- Pay attention to interpretation of law.- Study the drafting history of the provisions.
Cases- Know the parties to each case.- Aware of the main issues debated in each case.- Study the holding of each case and its legal analysis
Facts- Know all the related facts and how they support.- Know any practices/scientific evidences of the facts.- Make the best use of the non-existence of fact.
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IN SHORT
1. BRIEF WHAT YOU WILL SAY
2. EXPRESS AS SIMPLY AS POSSIBLE
3. ADDRESS ALTERNATIVE ARGUMENTS
4. ADDRESS YOUR WEAKNESSES
5. MASTER FACTS, LAW & CASES
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SOME TYPES OF QUESTION Questions to test your knowledge Questions to deepen your arguments Hypothetical questions
“The hypothetical Mr. Arbitrator suggests would be certainly a different one. The question before this arbitration court is not if a notification had been sent but a notification was not sent as required and my client has suffered a great harm because of that unjustifiable action”
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Prepare possible questions & their answer
Wait until being asked
Incorporate questions into your arguments
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Try to understand questions firstasking for the question to be rephrasedprovide an explanation of the question“As far as I understand, the arbitrator’s concern is that…”back to your arguments and move around the questionAsk for permission to move on
“This is the highest I can state my client’s case and withyour permission I will move on…”
With unexpecWith unexpect UNEXPECTED QUESTIONS
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Think carefully before answering Do not repeat your answers Try to approach the problem in a different
way
UNEXPECTED QUESTIONS
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Responding to an argument
Make clear and flexible submissions to be able to adjust your structure corresponding to your opponent’s
Rebutal and Surrebutal: As the claimant As the respondent
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