William C. Vis International Commercial Arbitration.
The purpose of the moot is to foster the study of international commercial law and arbitration, while providing practical training for law students in resolving international business disputes. It is a clinical tool meant to engage students in the business community's preferred mode of resolving international commercial disputes: namely, arbitration.
Applicable Law?
Art. 29 of Agreement: Law of Equatoriana, "to the exclusion of its conflict of laws principles."
Law of Equatoriana allows governmental entity to terminate any of its contracts for convenience if it conflicts with the policies of the government.
Article 7.3.1 of the Equatorianian Civil Code, Equatoriana is entitled to terminate a contract with immediate effects in cases of a fundamental breach of contract.
Equatoriana, Meditrraneao and Danubia are all parties to the CISG.
All countries have consistent jurisprudence that in sales contracts governed by CISG, the CISG also applies to the conclusion and interpretation of the arbitration clause (as long as the applicable arbitration law does not contain any conflicting provisions)
Equatoriana, Meditrraneao and Danubia are all member states to the New York Convention
UNIDROIT Principles on International Commercial Contracts
General Contract Law of Mediterraneao and Danubia are verbatim adoptions
Equatoriana has included Art. 7.3 provision that governmental entities may always terminate contracts which have concluded in the pursuance of a particular strategy if the government has changed the strategy. In these cases, the counterparty has to be reimbursed for the costs incurred in connection with the contract.
UNCITRAL Model Law on International Commercial Arbitration with the 2006 Amendments, Article 7--Option 1. (all parties adopted)
This link will provide you with access to the supplementary documents referenced in the Vis Moot Problem.
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