FDI Moot 2012
Article from: TDM 6 (2012), in Editorial
Introduction
On Sunday 4 November 2012, the 2012 FDI Moot Skadden Arps Trophy was won by the University of Ottawa (applicant) ahead of King's College London (respondent) before an ad hoc committee composed of Prof. William Park (Boston University, School of Law), Prof. Andrea Bjorklund (University of California, Davis), and Mr. Doak Bishop (King & Spalding).
Harvard Law School prevailed over NYU in the 3rd place match before Ms. Silvia Marchili (King & Spalding), Prof. Andrew Newcome (University of Victoria Faculty of Law) and Mr. Tim Nelson (Skadden, Arps, Slate, Meagher & Flom LLP).
Jessica van der Kamp of University of Hong Kong was awarded the Thomas Wälde Prize for Best Advocate.
Full results are available at www.fdimoot.org/2012/
The 5th iteration of the FDI Moot (www.fdimoot.org) saw 37 teams from 20 countries submit memorials (for applicant and respondent) with 35 attending the orals at Suffolk University Law School. The 168 students were joined in Boston by 62 arbitrators from around the world, many of them OGEMIDERs and Young-OGEMIDERs.
The 2012 Case[1], designed by Prof. Tony Cole (Brunel Law School), involved annulment proceedings raising issues as to the nature of such proceedings, excess of powers (applicable law, the definition of investment), composition of the underlying tribunal (independence and impartiality of an arbitrator "re-examined" on the basis of her published writings), and the violation of a fundamental rule of procedure (admission of an expert report without opportunity to cross-examine the expert).
We would like to thank all those who supported the Moot and look forward to seeing many of them - and more - again at the Frankfurt International Arbitration Centre, 24-26 October 2013. The TDM 5 (2012) issue might give some hints as to issues that will arise in the 2013 case.
Christian Campbell
Center for International Legal Studies (CILS)
Associate Dean Christopher Gibson
Suffolk University Law School
[1] Available at fdimoot.org/2012/problem.pdf