STEPS TO MOOT COURT IV

1. STEPS TO MOOT COURT IV Oral Skills Training Workshop Nguyen Vu Quynh Trang, Trainee Solicitor Baker & McKenzie (Vietnam) Co. Ltd. 27 April 2014

2. CONTENT OUTLINE • Oral Submission Preparation • Style, Poise and Demeanour • Responding to Questions

3. 1 Oral Submission Preparation

4. Note: Take time to outline your oral submission! 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

5. ORAL SUBMISSION PREPARATION Introduction 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 Statement of Facts Main arguments Closing Structure of the oral submission

6. Brief introduction E.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?

7. 2 Style, Poise and Demeanour

8. STYLE, POISE AND DEMEANOUR Dress smart!

9. STYLE, POISE AND DEMEANOUR Dress smart!

10. Mind your image: ACT RESPECTFULLY 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

11. Mind your time: MOST CRUCIAL POINT COMES FIRST 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.”

12. 3 Responding to Questions

13. RESPONDING TO QUESTIONS Some types of questions • Factual questions • Legal questions • Debating questions • Humorous questions or observations • Irrelevant/Hypothetical questions • Hostile questions Note: Anticipate beforehand as many questions as possible!

14. RESPONDING TO QUESTIONS Wait until being asked Incorporate questions in your arguments Prepare possible questions and answer

15. 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!

16. 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!

17. FOR RESPONDENT, REBUTTAL AND SUR-REBUTTAL • 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!

19. Thank you