Competition Rules

Alfred Deakin International Commercial

Arbitration Moot 2022

Competition Rules

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Contents
PART ONE – TEAMS ................................................................................................................................ 4
1 Registration ............................................................................................................................ 4
2 Team Composition ................................................................................................................. 4
3 Number of Teams................................................................................................................... 4
4 Coaching................................................................................................................................. 5
5 Requests for Clarification ........................................................................................................ 5
PART TWO – WRITTEN SUBMISSIONS ..................................................................................................... 6
6 Preamble ................................................................................................................................ 6
7 Filing of Submissions ............................................................................................................... 6
8 Form of Submissions .............................................................................................................. 7
PART THREE – ORAL SUBMISSIONS......................................................................................................... 8
9 Rounds ................................................................................................................................... 8
10 Rounds ................................................................................................................................... 9
11 Procedure .............................................................................................................................. 10
12 Bench Books .......................................................................................................................... 11
13 Timing ................................................................................................................................... 11
PART FOUR – JUDGING AND SCORING ................................................................................................... 13
14 Arbitrators ............................................................................................................................. 13
15 Scoring .................................................................................................................................. 13
PART FIVE – AWARDS ............................................................................................................................ 15
16 Best Written Submission ....................................................................................................... 15
17 Best Speaker – Preliminary Rounds....................................................................................... 15
18 Best Speaker – Grand Final .................................................................................................... 15
PART SIX – PENALTIES & APPEALS ......................................................................................................... 16
19 Penalties ................................................................................................................................ 16
20 Appeals.................................................................................................................................. 17
21 Amendment of the Rules ...................................................................................................... 18
PART SEVEN – COMPETITION DOCUMENTS .......................................................................................... 19
PART EIGHT – Virtual Moot.................................................................................................................... 20
22 Form ...................................................................................................................................... 20
23 Technical Difficulties ............................................................................................................. 20
24 Scoring .................................................................................................................................. 20
ANNEXURE A – Score Sheet ................................................................................................................... 22

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ANNEXURE B – ARBITRATOR’S ADDITIONAL GUIDELINES ...................................................................... 23

ANNEXURE C – MARKING GUIDELINES .................................................................................................. 24
Organization and Preparation ........................................................................................................... 26
Knowledge of the facts and the law .................................................................................................. 26
Presentation ...................................................................................................................................... 26
Handling Questions ........................................................................................................................... 26

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PART ONE – TEAMS

1 Registration
(1) Registration for the 2022 Alfred Deakin International Commercial Arbitration Moot (‘the
Competition’) opens on Monday, 6 June 2022.

(2) Registration for the Competition closes on Tuesday, 21 June 2022 11:59PM AEST.

(3) Registration will be confirmed on Thursday, 23 June 2022 11:59PM AEST.

(a) There is a fee of $110 AUD upon registration. This can be waived where exceptional
circumstances are present and will be determined on a discretionary basis. The fee is
refundable where a team withdraws before Tuesday, 19 July 2022 11:59PM AEST, or
their registration is not confirmed.

2 Team Composition

(1) Each team in the Competition will be composed of either two or three students – that is, no
fewer than two, or no more than three students (‘Team’).
(a) If a Team is comprised of three students, only two members may speak in any round, with
the third member acting as instructing solicitor.

(2) Teams comprised of three students may rotate speaking roles between rounds.

(3) Team members must be currently enrolled as full-time or part-time LLB or JD students at the
date of the grand final of the Competition.
(4) Teams may comprise of former participants. However, a former participant who has competed
as an oralist in the finals, including semi-finals and the grand-final, cannot be an oralist in
future moots in the Competition.
(5) Team members must be finalized by the time the Claimant Submission is submitted. This
includes a contact email address for all participants and a postal address for correspondence
including for certificates or awards.

3 Number of Teams
(1) The Competition will be limited to a total of 60 Teams.

(a) Preference will be given to Teams based on date and time of registration.

(b) Competition Conveners reserve the right to hold Team spots, at their own discretion,
subject to special circumstances as indicated by a potential Team.
(c) The maximum number of Teams in the Competition may be increased subject to the
discretion of the Competition Conveners.
(2) Each university may register one (1) Primary Team and one (1) Reserve Team in the
Competition.
(a) The Primary Team, as indicated by each university, will be guaranteed to compete upon
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registration, subject to date of registration and the number of Teams already registered.

(b) The Reserve Team, as indicated by each university, may compete if;

(i) Subject to date of registration, the total number of primary Teams registered at the
registration date is less than 56; or
(ii) The Primary Team of the same university is unable to compete or has withdrawn, prior
to the beginning of the General Rounds; or
(iii) Subject to date of registration and prior to the Submission of the Claimant Submission,
a different university has withdrawn their Primary Team, and has no Reserve Team.
(c) All Teams, including Reserve Teams who have been allocated a Team spot, will be provided
with a confirmation of registration in accordance with Rule 1(3).
(3) At the sole discretion of the Competition Conveners, universities may be permitted to register
more than one Team.

4 Coaching

(1) A Team may have one (1) coach.

(2) A coach may provide general advice and feedback regarding advocacy and high-level argument
structure but must not conduct research or devise written or oral arguments, which must be
the sole work of the Team.

(3) A person, other than a coach, may not assist a Team to devise written or oral arguments,
before and after the deadline for written memoranda.
(a) For the purposes of judging practice moots prior to the competition, a person may provide
general advice and feedback.

(4) During the Competition, neither coachers nor competitors may view moots other than those in
which their Team is competing.
(a) This rule does not apply to the semi-finals if a team is no longer competing in the
Competition.
(b) This rule does not apply to the Grand Final.

5 Requests for Clarification

(1) Teams may submit requests for clarification by Tuesday, 12 July 2022 11:59PM AEST to the
Moot Coordinator via email at deakin-ica-moot@deakin.edu.au.
(2) No guarantee is made that all requests for clarification will be responded to, but any
responses will be communicated to all Teams by Tuesday, 19 July 2022 11:59 AEST.

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PART TWO – WRITTEN SUBMISSIONS

6 Preamble

(1) Teams will prepare Written Submissions for both the Claimant and the Respondent.
(2) The Written Submissions will provide an outline of arguments and a list of cases and other
sources relied upon.
(3) Except where otherwise noted, the law applicable to the problem question is that in force on
the day of the moot.

(a) The applicable law is usually that in force at the time of the event or facts. Here we may
include a further clause:

(b) Should the law alter between the date of the Written Submissions, and the date of the moot,
Teams must notify the Competition convener by email detailing the nature and effect of the
changes.

(c) The Competition convener will at their absolute discretion determine what course of action
will be taken including whether:

(i) amended Submissions will be required, and, if so, whether extensions of time will be
granted

(ii) to proceed as if the law had not altered; or

(iii) to proceed on any other basis or at all

(4) Teams shall be provided their opposition’s Written Submission in accordance with the dates
below and, prior to their rounds via email.

7 Filing of Submissions

(1) Written Submissions are to be filed electronically by attaching the documents in PDF format
to an email to deakin-ica-moot@deakin.edu.au.

(a) Each Team must submit the Claimant Submission by Tuesday, 2 August 2022
11:59PM AEST; and
(b) Each Team must submit the Respondent Submission by Wednesday, 10 August 2021
11:59PM AEST.
(2) An acknowledgement of receipt will be sent to Teams as soon as possible after receipt.
(3) Failure to comply with Written Submission deadlines may result in penalties in
accordance with Rule 19 and disqualification for an award.
(4) Submissions will be distributed via email to the opposing Teams in the General

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Rounds.
(a) Claimant Submission will be exchanged on Wednesday, 3 August 2022 11:59PM
AEST; and
(b) Respondent Submission will be exchanged Thursday, 11 August 2022 11:59PM AEST.
(c) If a Reserve Team has been substituted for a Primary Team of the same university, after the
date of Submissions, in accordance with Rule 3(2)(b)(i), the Reserve Team may use the
Primary Team’s Written Submissions.
(d) Where there has been a change in the Moot Schedule in accordance with rule 9(3)(c)
or Rule 9(4)(a), Teams will be provided with the opposing Teams Written Submissions
as soon as practicable.
(5) Due to last minutes withdrawals by Team and schedule changes, Competition
Convenors cannot guarantee that Teams will respond to the same Team in their
Written Submissions and Oral Submissions.

8 Form of Submissions
(1) Written Submissions must be clearly labelled with the Team’s number (as assigned by the
Competition Conveners).
(a) Written Submissions may contain the name of the University that the Team is
representing.
(2) Formatting requirements;
(a) The Written Submissions for the Claimant and the Respondent, must each be a
maximum of four (4) A4 pages (excluding cover page and bibliography).
(b) Must be typed in no less than 11 pt Times New Roman, with line spacing of no less
than 1.5 lines and with margins of no less than 2cm.
(c) Paragraphs must be numbered.
(d) Footnotes must be typed in no less than 10 pt Times New Roman, and may be
single spaced.
(3) Full citations (in conformity with the 4th edition of the Australian Guide to Legal Citation)
must be given in footnotes. For the avoidance of doubt, Teams may refer to legislation.
(4) Teams may include a cover page with their Written Submissions. A cover page will not
count towards the four-page limit if it includes only text that serves to identify the
Submissions (such as the Team number, and a “Claimant” or “Respondent” title).
(5) Failure to comply with formatting requirements may result in disqualification for an award.

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PART THREE – ORAL SUBMISSIONS

9 Rounds

(1) Oral Submissions for the competition will commence on Thursday, 1 September 2022 9:00AM
AEST and conclude at approximately Thursday, 8 September 2022 8:15PM AEST.

(a) Teams must be available for the duration of this time.

(b) By agreeing to compete in the Competition, competitors agree to be available for the above
times.

(2) The Competition Convenors will provide Teams with a draft schedule by Monday, 22 August
2022 11:59PM AEST (‘Draft Schedule’)

(a) The Draft Schedule is only an indication of the times each moot will be conducted;

(b) Time slots provided to Teams are only placeholders until the final schedule is released in
accordance with Rule 9(4)(a).

(c) The Draft Schedule is likely to be amended prior to the commencement of the Oral Rounds
at the discretion of the Competition Convenors to accommodate for:

(i) Requests by Teams;

(ii) Judges availability; and

(iii) Technical capabilities.

(d) Teams are to provide the Competition Convenors with times they are unavailable by 24
August 2022 11:59PM (‘Unavailable Times’).

(e) Competition Convenors will accommodate requests for schedule changes at their own
discretion.

(f) If a Team has not indicated any times that they are unavailable, it will be presumed that the
Team is available for the duration of the Competition in accordance with Rule 9(1)(b).

(g) The Competition Convenors reserve the right to change scheduled times in the Draft
Schedule without consulting affected Teams.
(3) A final schedule (‘Final Schedule’) will be provided to all Teams by 26 August 2022 11:59PM
AEST.
(a) Changes to the Final Schedule will only be made in exceptional circumstances determined
at the discretion of the Competition Convenors.
(b) Requests for changes to the Final Schedule must be accompanied by a brief explanation of
the reasons for the request.
(i) Appropriate reasons include, but are not limited to:
(1) Clerkship interviews;
(2) Compulsory assessments;
(3) International time zones;

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(4) Travel delays; and/or

(5) Unforeseeable event preventing the whole Team from competing
(ii) Where a Teams has three oralists, the unavailability of one oralist is not a valid reason
to request a schedule change to the Final Schedule
(c) The Competition Convenors must consult with Teams prior to changing scheduled times in
the Final Schedule.
(i) If a Teams has not provided the Competition Convenors with Unavailable Times, it will
be presumed that those Teams can reschedule their assigned time slots.
(1) Teams are not obligated to change their time slot provided in the Final Schedule;
(2) A Team may volunteer to moot an additional round as a ‘Volunteer Team’ if a
Team does not volunteer to reschedule.
(ii) The Competition Convenors cannot guarantee a request for change of the Final
Schedule will be granted.
(d) Teams will be provided with the opposing Team’ Submission as soon as possible after the
change in schedule.

10 Rounds
(1) There will be two preliminary rounds that shall determine the composition of the finals. The
Moot Schedule shall allow for each Team to moot both sides of the argument at least once and
an equal number of times (to the extent that is reasonably possible).
(a) Where there is an unequal number of Teams, or a Team has withdrawn, and there is no
available Reserve Team, a ‘Volunteer Team’ may elect to moot in three preliminary rounds.
(i) The additional moot (third) by the Volunteer Team in the preliminary rounds does not;
(1) Contribute towards the Volunteer Team’s average score; nor
(2) Contribute to individual scores.
(ii) The Volunteer Team does not need to comprise of members from a single registered
Team. The Volunteer Team can comprise of Team members from different Teams in
the same universities or from different universities.
(b) A failure to moot both sides of the argument, at the fault of the Team, will disqualify a
Team from qualifying for the elimination rounds.
(c) For the purposes of the Finals and Grand Final, Teams will swap sides of the argument
from their previous moot.
(i) If Teams mooted the same side in their previous moot, determining which Team
moots which side of the argument will be left to the discretion of the Competition
Convenors.
(2) If a Team consists of three members, one Team member only may act a solicitor during each
moot.
(3) Team members may communicate with one another during the moot.
(a) If the Moot is conducted in a virtual format, electronic communication is permitted between
the three competitors of the Team. Electronic communication with the Coach, or any other

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person, during Oral Submissions is not permitted.

(4) Teams are not bound by the arguments in their Written Submissions when presenting Oral
Submissions.
(5) The Tribunal shall base its determination on the presentation of the argument at the Arbitration.
(6) The format of the Competition is arbitration. The speakers therefore shall be seated in all
circumstances and refer to a tribunal member as Mr/Ms Arbitrator and collectively as Members
of the Tribunal.
(7) The claimant shall be seated on the right-hand side from the Tribunal’s perspective.
(a) Where the Competition is conducted in a virtual format, competitors must change their
screen name to the following format ‘First and Last name – University – Procedure or Merits.’
(b) In the Grand Final only, competitors shall change their screen name to ‘First and Last Name
– University’

11 Procedure
(1) Teams will receive the Written Submissions of their opponents by email in advance of the
moot:

(a) For the Preliminary Rounds: see above at Rule 7(4).

(b) For final rounds, including elimination rounds, at least 1 hour prior

(c) Times may be subject to change at the discretion of the Competition Convenors.

(d) Times may be subject to change at the discretion of the Competition Conveners.

(2) The email by which opponent’s Written Submissions were sent shall be proof of receipt and of
the date of receipt and notice of those Written Submissions.
(3) In each moot, each Team’s Oral Submissions will be presented by two counsels.
(4) The order of speaking will be decided by the consent of both Teams, or in the absence of such
consent, the Arbitrators.
(5) Generally, the Team who submitted a claim or claims should speak first, followed by the Team
who responds to the claim(s). Normally the Claimant would argue first before the Respondent
is permitted to respond. However, if the Respondent has raised an objection to the jurisdiction
of the arbitral tribunal or other such defense, the Respondent will typically be asked to present
its arguments on the issue first before Claimant responds.
(6) A typical procedural order is;
(a) Appearances by: first speaker of each side.
(b) Oral Submissions on the first issue:
(i) Oral Submission delivered by: First speaker for Claimant
(ii) Oral Submission delivered by: First speaker Respondent

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(iii) Rebuttal delivered by: First speaker for Claimant

(iv) Sur-rebuttal delivered by: First speaker for Respondent
(c) Oral Submissions on the second issue:
(i) Oral Submission delivered by: Second speaker for Claimant
(ii) Oral Submission delivered by: Second speaker for Respondent
(iii) Rebuttal delivered by: Second speaker for Claimant
(iv) Sur-rebuttal delivered by: Second speaker for Respondent
(7) For the purposes of Rule 11(6), Teams are not in breach of any rules if the speaking order is
not strictly followed.
(8) The Team who submitted a claim may decline to present a rebuttal, and the Team responding
to a claim may decline to present a sur-rebuttal. If no rebuttal is presented, no sur-rebuttal
may be presented. No new arguments may be presented in the rebuttal or sur-rebuttal unless
in reply to an argument raised in the Respondent’s Oral Submissions or in the Claimant’s
rebuttal, respectively.

(9) The presentation of a summary of the facts in Oral Submission is not compulsory and whether
or not a summary of facts is provided in Oral Submissions is a matter for competitors and
Arbitrators.

12 Bench Books
(1) A Team is permitted to use ‘bench books’ or ‘bundles of authority’ for their own purpose during
the presentation of oral arguments.
(2) Teams are not to provide, show, supply, distribute, present or make available, ‘Bench books’ or
any form of documentation, whether electronic or physical, to the Arbitrators or to the opposing
Teams, at any time prior to, during or after Oral Submissions.
(a) Where the competition is conducted in a virtual format, screen-sharing or any remote
collaboration application, is prohibited under Rule 12(2).
(b) ‘Any form of documentation’ include, but is not limited to; the Moot Problem, Moot Rules,
Parties’ Submissions and procedural rules, whether physical or electronic.
(3) All relevant authorities and arguments should be contained within each Team’s Written
Submissions. However, there is no penalty for deviation from Written Submissions, in
accordance with Rule 10(5).

13 Timing
(1) Each Team is allocated 30 minutes to make Oral Submissions.
(a) An optional rebuttal and sur-rebuttal should be included within the 30 minutes for each
Team.
(b) Each speaker must speak for a minimum of 10 minutes up to a maximum or 20 minutes,

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subject to the maximum 30 minutes per Team.

(c) Where Teams wish to allocate additional time to one of their speakers (beyond a 15
minutes split) and less time to their other speaker, this must be discussed with opposing
counsel prior to the commencement of Oral Submissions.

(2) When giving appearances, the first speaker for each Team should state;
(a) the name of that Team’s speakers;
(b) the division of issues in dispute;
(c) the division of time for principal Oral Submissions; and
(d) the reservation of time (if any) for rebuttal or sur-rebuttal.
(3) Arbitrators may extend time if they ask questions at the request of the parties. More questions
should result in more leniency with time.
(4) Arbitrators, at their discretion, may grant an extension of time of up to one minute to each
speaker. As far as possible, Arbitrators will seek to ensure that any extensions are granted
equally between the Teams.
(a) Subject to the Arbitrator’s discretion, Arbitrators may impose a point penalty for a
Team, exceeding their allocated time.
(b) Teams are not to exceed a maximum of 32 minutes during Oral Submissions.
(5) Penalties apply if a Team is late to their oral hearing, see Rule 19(3).

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PART FOUR – JUDGING AND SCORING

14 Arbitrators

(1) For the purposes of these Rules, anything that which is not considered by these Rules, the:

(a) Arbitrators shall have full discretion if the matter is raised during a moot round;

(b) Competition conveners shall have full discretion.

(2) There should be at least two Arbitrators for all moots. The semi-finals and grand final will be
arbitrated by at least three Arbitrators.
(3) Arbitrators will be any one or more of:

(a) Judges currently serving of an Australian Court;

(b) Retired judges of an Australian Court;

(c) Barristers or solicitors, or other legal practitioners;

(d) Legal academics; or

(e) Other law graduates with significant experience in judging and/or participating in mooting
competitions.

(4) Arbitrators must inform the Competition Convenors of any potential conflict of interest as
soon as possible before the commencement of Oral Submissions.

(5) Coaches are permitted to arbitrate Oral Submissions provided:

(a) They meet the criteria rule in Rule 14(3);

(b) They are not a current law student;

(c) They inform the Competition Convenors of any conflicts of interest prior to the
commencement of the Round; and

(d) They do not arbitrate any Team from their university.

(6) Bench notes will be provided to all Arbitrators, and Teams, prior to the commencement of the
oral rounds.

15 Scoring

(1) The guidelines for scoring shall be found in Annexure C.

(2) The individual scores given by an Arbitrator is entirely within the discretion of the Arbitrator.

(a) Each Arbitrator will score the oralists on a scale of 50-100.

(3) The total score of two oralists will constitute the Team score for that round. The individual score
received by each oralist will contribute to their overall individual score for the general rounds.

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(4) If a moot has proceeded with only one Arbitrator, the Competition Conveners may at their
own discretion;
(a) Double the score of the single Arbitrator; or
(b) Determine an appropriate score.

(5) If a connection is lost due to a technical issue, the teams and Arbitrators should try to re-establish
connection. If it is impossible for technical reasons to complete the argument within the two hours, the
presiding arbitrator may extend the time allowed by the Competition Rules for up to 30 minutes of extra
time. This extra time is only meant to address technical issues and not to extend the oral hearing for the
purpose to extending the time for presenting arguments.
(6) Arbitrators are to not disclose the scores of the competitors during the feedback session.
(7) Any penalties applied by Arbitrators are to be included in the Team’s total score.

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PART FIVE – AWARDS

Aside from the awards for the Competition Winners, there shall be the following awards:

16 Best Written Submission

(1) There will be an award for the best Claimant and best Respondent Written Submissions.

(2) These awards will be based on the Raw Scores for the Written Submissions, judged prior to the
commencement of the oral rounds.

(3) If Written Submissions are awarded best Written Submissions, Teams will be deemed to have
granted conveners permission to publish their winning Written Submissions on the Alfred Deakin
ICA Moot website.

17 Best Speaker – Preliminary Rounds

(1) There will be an award for the best speaker in the preliminary rounds.

(2) Candidates for this award must have acted as counsel at least twice in the preliminary rounds.

(3) The award will be awarded to the competitor with the highest average speaker score for their
best two moots.
(4) In the result of an unresolvable tie, two or more competitors will share the prize.

(5) At the discretion of the Competition conveners, an award of runner-up may be given.

18 Best Speaker – Grand Final

(1) There will be an award for the best speaker in the grand final, as arbitrated by the Grand Final
Arbitrators.

(2) In the event of a tie, the competitor with the highest average score for all their rounds shall
receive the award.

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PART SIX – PENALTIES & APPEALS

19 Penalties

(1) Written Submissions: Penalties applied to Written Submissions for failure to comply with the
applicable Rules;

(a) Written Submissions may be disqualified from receiving an award at the discretion of the
Competition Conveners.

(b) Written Submissions for the Preliminary Rounds that are submitted up to 6 hours late will
incur a 5% reduction in their Written Submissions Raw Score.

(c) Written Submissions for the Preliminary Rounds that are submitted between 6 and 24
hours late will incur a 10% reduction in their Written Submissions Raw Score.

(d) Written Submissions for the preliminary rounds that are submitted over 24 hours late will
incur at least a 10% reduction in their Written Submissions Raw Score and may receive a
greater reduction as deemed appropriate by the Competition Conveners in either Written
Submission Raw Score, or Oral Submission scores.

(i) If no communication has been received from the Team regarding a late submission,
Teams who do not submit a written memorandum within 24 hours will be disqualified
from the competition.

(e) Written Submissions that contain a reference to the name of the university that the Team
is representing will incur a 5% reduction in their Written Submissions Raw Score.

(2) Late: For each round, each of the Semi-Finals and the Grand Final, a Team member shall arrive
and be ready to compete at the scheduled time for that round.

(a) Penalties apply if a Team, or individual speaker, is late, including;

(i) Reduction in allocated time for Oral Submissions (being the amount of time the Team,
or individual, was late distributed between the two speakers of the late Team);

(ii) To avoid any disadvantage to the opposing side, the late Team, or individual, is to be
penalized one (1) point per speaker per Arbitrator to a total of four (4) points per
Team; and

(iii) If the reduction in time results in the late Team failing to complete their Oral
Submissions, the opposing Team is not to be penalized for responding to arguments
not raised by the late Team.

(b) No further point deductions or penalties are to be applied by Arbitrators.

(3) Breach of Moot Rules: Point penalties may be applied for breaching any rule in the Moot
Rules, at the discretion of the Competition Convenors.

(a) Teams reserve the right to inform the Competition Convenors of any breach of the Moot

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Rules in accordance with rule 20(1).

(b) Teams who inform the Competition Convenors of a breach of the Moot Rules will not be
informed of the outcome of any penalties applied unless such penalties directly affect the
Team.

(4) Illness: In the case of illness supported by evidence or by an undertaking to supply evidence
and communicated to the Competition Conveners as soon as possible prior to the general
round, semi-final or Grand Final, Teams may substitute another person for the sick Team
member, and, with leave of the judging panel, re-organise roles within the Team.

(5) COVID-19: In the case of a Team member falling sick with COVID-19 prior to the general
round, semi-final or Grand Final Teams may substitute another person for the sick Team
member, and, with leave of the judging panel, re-organise roles within the Team.

(6) Other: The Competition Convenors reserve the right to apply additional penalties as may be
appropriate.

(a) The Competition Convenors shall inform the relevant Team of any ‘Other’ penalties that
may be applied.

(b) The Competition Convenors may request from the relevant Team an explanation of the
circumstances prior to applying the penalty.

20 Appeals
(1) Competitors may inform the Competition conveners of any suspected breaches of these rules
(‘Complaint’). All complaints remains confidential, unless disclosure is required.

(a) A breach of a rule in the Moot Rules is not left to the discretion of the Arbitrators.

(b) Even if the Arbitrators permitted a breach of the Moot Rules during the oral rounds, Teams
are obligated to inform the Arbitrators that such conduct is in breach of the Moot Rules
and inform them of the relevant rule.

(c) Teams are not to benefit from the Arbitrator’s unfamiliarity of the provisions of the Moot
Rules. It is the Teams duty to abide by the Moot Rules.

(d) Silence on behalf of the opposing Team does not indicate consent to the breach.

(2) The Competition Convenors may request (‘Request’) from the Team in breach of the Rules,
reasons for their breach (‘Reasons’).

(a) The Request must be in written format and include an explanation of the complaint and
the penalty to be applied.

(b) Reasons are to be provided in written format and must not exceed a total of 500 words.

(c) Reasons must be provided to the Competition Convenors within 2 hours after the Request
of made. If Reasons are not provided, the Competition Convenors are permitted to
presume the Team agrees with the application of penalties in the Request.

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(d) Team can only address those matters relevant to the Complaint and their Reasons.

(i) If matters are addressed outside those matters relevant to the Complaint:

(1) The Competition Convenors are not required to address them unless a separate
formal Complaint is made;

(2) The existence of other matters unrelated to the Complaint has no bearing on the
outcome of the Complaint; and

(3) If a formal complaint is made about other matters, the Competition Convenors are
not required communicate the outcome to the Team making the complaint.

(ii) After Reasons are received, the final decision is left to the Competition Convenors and
no further appeals are available.

(3) The Competition conveners may, after investigating the matter and obtaining Reasons, apply a
penalty in the form of a reduction in Raw Scores for a breach of the Rules, or, where the
breach is sufficiently serious, disqualification, at their discretion.
(4) Competition Convenors may suo moto notice, act upon and determine breaches of the Rules.

(5) Arbitrators may refer suspected breaches of the Rules to the Competition Conveners

(6) At the discretion of the Competition Conveners, a breach of the Rules may be classified as de
minimis and thus not attract a penalty.

(7) Any dispute in relation to a breach or alleged breach of these rules will be finally and
conclusively resolved by the Competition Conveners, at their discretion, acting unanimously.
All disputes should be described in detail by the Teams raising the dispute and emailed to the
conveners at deakin-ica-moot@deakin.edu.au

21 Amendment of the Rules

(1) The Competition Conveners may amend these rules unilaterally at any point before the
commencement of the Competition (Oral Submissions).

(2) Amended rules will be communicated to the Teams after registration has been confirmed.

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PART SEVEN – COMPETITION DOCUMENTS

(1) All Competition documents received by competitors, including the problem question, must
not be distributed, reused or adapted after the competition. The copyright in the problem
question remains with its authors. The copyright in all other documents is in the Deakin Law
School.

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PART EIGHT – Virtual Moot

22 Form
(1) Where the Competition is conducted via an online video conferencing platform.

(a) The Rules are to be interpreted as applying equally to a virtual moot and physical moot.

(b) To ensure consistency and fairness, the Competition Convenors reserve the right to
require all competitors to moot on their own electronic device;
(2) Each moot will have a Competition Convener present to ‘host’ the moot (‘Host’).
(a) The Host will introduce the Arbitrators and the Teams;
(b) Any technical issues or difficulties are to be communicated to the Host; and
(c) The Host will control breakout rooms to allow for Arbitrators to score the Teams before
feedback is delivered.
(3) All moots will be scheduled by the Host.
(a) The Host will send invitations via email to each competitor in each Team and their Coach;
(b) Each Team must provide the Moot Coordinator with a minimum of two (2) email addresses
up to a maximum of four (4) email addresses for the general rounds.

23 Technical Difficulties
(1) Teams will be provided with 30 minutes prior to the commencement of the first round each
day to ensure there is no connectivity or technical difficulties.
(2) It is the Team’s responsibility to pre-empt and prevent any technical difficulties prior to
the commencement of their oral round. This includes ensuring each competitor has a:
(a) Secure network connection;
(b) Working device to conduct to moot on;
(c) Working microphone and camera; and
(d) Second device, such as a mobile phone or second computer to conduct the moot on.
(3) The Competition Convenors will attempt to prevent any technical difficulties from inhibiting
the conduct of the Competition. If there is any technical difficulties on the part of the
Competition Convenors, the Teams will not be subject to any penalties.

24 Scoring

(1) Teams must be given a full opportunity to present their case and must not be unfairly
penalised for technical difficulties.
(a) Arbitrators may, at their discretion, grant additional time to allow Teams to present their
arguments.
(b) Scoring is left to the discretion of the Arbitrators and connection issues will not give rise to

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a ground of appeal.

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ANNEXURE A – Score Sheet

Each Arbitrator is expected to make an individual decision as to the score to be awarded.

Nevertheless, a widely divergent score, whether higher or lower than the others, raises questions
as to the criteria used by the Arbitrator in question. As such Arbitrators are encouraged to confer
with a view to having scores that are within the same band (50 – 60 = needs improvement); (61-70
= Acceptable); (71 -70 = good); (80 - 90 = very good); (91 - 100 =excellent) or otherwise generally
within 10 marks.
Five marks may be awarded for teamwork in each round, with all five points adding onto the total
score for the team that, in the round, has shown more teamwork.

Team No. ( ) Claimant/Respondent

Element Counsel 1 Counsel 2 Write NAME

Write NAME (or initials) of (or initials) of Counsel*:
Counsel*:

Clarity of the structure of

presentation and adherence to
time. (25) /25 /25
Speaking abilities (variation of
tone, pauses etc.); Advocacy
and persuasion abilities,
adherence formal professional
etiquette (25) /25 /25
Use of facts and depth of legal
argument (25) /25 /25
Capacity to answer questions
/ rebut or pre-empt the other
side’s arguments (25) /25 /25

TOTAL SCORE

* For the purposes of individual speaker awards, please indicate the name of each speaker

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ANNEXURE B – ARBITRATOR’S ADDITIONAL GUIDELINES

(1) The format of the competition is arbitration. The speakers therefore shall be seated in all
circumstances and refer to a tribunal member as Mr/Ms Arbitrator and collectively as Members
of the Tribunal.
(a) The claimant shall be seated on the right-hand side from the tribunal’s perspective.

(2) A team may consist of either 2 or 3 members. Only 2 members may speak in a round, with the
third member acting as instructing solicitor.

(3) A team will have 30 minutes to make Oral Submissions, including the time reserved for rebuttal
or sur-rebuttal. However, each speaker must speak for a minimum of 10 minutes.

(4) Time limits should be adhered to; however, at their discretion Arbitrators are to extend time
(up to a maximum of 1 minute) if they ask questions.
(5) The more questions, the more time leniency should be given, and less, if any penalty should be
given for overtime in this circumstance.

(6) Teams have been allocated a team number. Participants are not to reveal which University they
are from, and Arbitrators are not to ask which University a team is representing.

(7) Teams have drafted written outlines of arguments, a list of cases and other sources which they
are relying upon. These outlines have been provided to other teams and to Arbitrators. This
outline IS NOT to be marked for the purposes of Oral Submissions.
(8) No draws are to be awarded, there must always be one team that wins.

(9) For the purpose of the preliminary rounds, Arbitrators are not to reveal which team has won
their round. Arbitrators may reveal which team has won for Semi-Finals.

(10) Arbitrators may give feedback at the end of the round, so long as it does not indicate which
team had won that round.

(11) For the purpose of this competition, anything that which is not considered by these rules the
Arbitrators shall have full discretion in relation to a moot round.

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ANNEXURE C – MARKING GUIDELINES

In order to maintain consistency between individual scores given by Arbitrators, Arbitrators are
encouraged to carefully consider bands of scores to avoid unfair discrepancies between different
moots.
Below is a general description of where individual speakers should be scored:
First Band: Excellent – 91-100 (Grand Final Quality)
• Counsel is confident, clearly articulates argument, appropriately paced, professional and
demonstrates a clear understanding of the factual scenario and the arguments.
• Rarely uses notes and a script and maintains eye contact.
• Easily navigates through facts and confidently uses them to support argument.
• Can clearly articulate the application of the applicable rules and laws to the arbitration
and the relationship with the legal issue before the tribunal. Can also articulate and
demonstrate the hierarchy of applicable rules and laws.
• Clearly prepared by the substantial use of legal cases and scholarly authority to support
arguments but it also trustworthy in that they use authority that does not support their
argument.
• If Claimant, anticipates Respondent’s arguments acknowledging strengths and
weaknesses of own argument. If Respondent, clearly responds to Claimant’s
arguments and also recognizes strengths and weaknesses of own argument.
• Demonstrates ease in responding to questions. Can easily deviate from line of argument
in response to a question and take the Arbitrator back to line of argument without being
prompted. Can also use question to their advantage.
• Aware of their timing and can adjust timing according to questions from Arbitrators.

Second Band: Very Good – 81-90 (Semi-Final Quality)

• Counsel is confident, appropriately paced, professional, understands arguments and
factual scenario.
• Requires some assistance of notes but mainly maintains eye-contact.
• Able to navigate around facts in support of argument.
• Can articulate application of the applicable rules and laws to the arbitration and the
relationship with the legal issue before the tribunal. Can also articulate the hierarchy
of applicable rules and laws.
• Uses cases and scholarly authority to support most of their arguments. Identifies the
existence of authority that does not support their case when anticipating other sides
arguments,
• If Claimant, anticipates Respondent’s arguments acknowledging strengths and weaknesses
of own argument. If Respondent, responds to Claimant’s arguments and also recognizes
strengths and weaknesses of own argument.
• Able to answer questions by Arbitrators and continue with argument without being
prompted.
• Aware of their timing and can adjust timing according to questions from Arbitrators.

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Third Band: Good – 71-80

• Counsel is confident, appropriately paced, professional in the delivery of their argument.
• Understands their arguments but mostly relies on notes to make Submissions.
• Identify relevant facts.
• Can identify the applicable rules or laws but may not fully understand how the rules apply
to the legal issue or operate within arbitration processes. Unable to articular the relevance
of hierarchy of applicable laws and rules.
• Uses only cases to support their argument OR uses limited cases and limited scholarly
authority.
• As Claimant, does not anticipate Respondent’s argument or any authority that Respondent
would rely on. As Respondent, limited responsiveness to Claimant’s Arguments.
• Not particularly confident in answering Arbitrator’s questions, but able to give acceptable
responses. May require prompting to proceed with argument.

Fourth Band: Acceptable – 61-70

• Counsel appears slightly unprepared and unable to clearly articulate arguments without
script or notes.
• Still remains professional but struggles to maintain eye contact.
• Can identify the applicable laws and rules from the legal issue but is unable to properly
articulate how the rules relate to the legal issue.
• Uses very limited authority to support argument.
• As Claimant, does not anticipate Respondent’s argument or any authority that Respondent
would rely on. As Respondent, limited responsiveness to Claimant’s Arguments.
• Struggles to answer questions of Arbitrators, may not understand the question. Generally,
does not give proper response or repeats their argument.

Fifth Band: Needs Improvement – 50-60

• Counsel is unprepared, maintains professionalism but does not fully understand
arguments.
• Requires notes to make Submissions.
• Doesn’t understand identify or understand applicable laws and rules and how they apply.
• Uses very limited to no authority to support arguments.
• As Claimant, does not anticipate Respondent’s argument or any authority that Respondent
would rely on. As Respondent, does not respond to or recognise Claimant’s Arguments.
• Unable to answer questions. Doesn’t understand what the Arbitrator is asking. Will just
read scripted answers or return to argument without responding.

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Organization and Preparation

Considerations to include (without restriction): Does counsel:
• introduce himself or herself and co-counsel,
• state whom he or she is representing,
• introduce the issues and relevant facts clearly,
• have a strong opening,
• present the arguments in an effective sequence, and
• present a persuasive and generalized conclusion? Is counsel:
• clearly prepared and familiar with the authorities on which his or her arguments rely?
If rebuttal is used, is it used effectively?

Knowledge of the facts and the law

Does counsel:
• know the facts and the relevant law thoroughly?

Is counsel:
• able to relate the facts to the law so as to make a strong case for his or her client?

Presentation
Is counsel’s presentation:
• appropriately paced, free of poor mannerisms and, loud enough? Does counsel:
• use inflection to avoid monotone delivery,
• make eye contact with the Arbitrators and
• balance due deference with a forceful and professional argument? Is counsel
• poised and tactful under pressure? Most importantly, is counsel’s presentation
• convincing and persuasive, regardless of the merits of the case?

Handling Questions
Does counsel:

• answer questions directly

• use the opportunity to turn the question to his or her client’s advantage?

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