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ORAL SKILL TRAINING WORKSHOP

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!.

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ORAL SKILL TRAINING WORKSHOP

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  1. STEPS TO MOOT COURT III ORAL SKILL TRAINING WORKSHOP

  2. 1 2 3 4 • PRESENTING AN ORAL SUBMISSION • Making a persuasive argument • Dealing with QUESTIONS • RESPONDING an oral submission CONTENT OUTLINE

  3. Presenting an oral submission APPEARANCE • Dress smart!

  4. Presenting an oral submission • Appropriate hand-gesture • Eye-contact • Be respectful and nice! • Be confident but not aggressive!

  5. Presenting an oral submission VOICE AND DELIVERY • Focus on pronunciation • Speak slowly,clearlyand moderate the volume • Pause and stress on important words PRACTICE MAKES PERFECT !!

  6. Presenting an oral submission TIME MANAGEMENT • Be awared of time. • Running out of time? keep calm, ask for time extension and brief the arguments.

  7. Making a persuasive argument BRIEF WHAT YOU WILL SAY

  8. 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.

  9. Making a persuasive argument EXPRESS AS SIMPLY AS POSSIBLE

  10. Making a persuasive argument • Don’t use too many strange or complex words. • Signposting: number each of the arguments or use linking words

  11. Making a persuasive argument ADDRESS ALTERNATIVE ARGUMENTS

  12. “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.”

  13. Making a persuasive argument • ADDRESS YOUR WEAKNESSES

  14. “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…”

  15. Making a persuasive argument • MASTER FACTS, LAW & CASES

  16. Making a persuasive argument • 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. • Law • Learnby 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

  17. IN SHORT • BRIEF WHAT YOU WILL SAY • EXPRESS AS SIMPLY AS POSSIBLE • ADDRESS ALTERNATIVE ARGUMENTS • ADDRESS YOUR WEAKNESSES • MASTER FACTS, LAW & CASES

  18. Dealing with questions • 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”

  19. Dealing with questions Prepare possible questions & their answer Wait until being asked Incorporate questions into your arguments

  20. Dealing with questions • UNEXPECTED QUESTIONS With unexpecWithunexpect • Try to understand questions first • asking for the question to be rephrased • provide an explanation of the question • “As far as I understand, the arbitrator’s concern is that…” • back to your arguments and move around the question • Ask for permission to move on • “This is the highest I can state my client’s case and with • your permission I will move on…”

  21. Dealing with questions • UNEXPECTED QUESTIONS • Think carefully before answering • Do not repeat your answers • Try to approach the problem in a different way

  22. 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

  23. Thank You!

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