Difficult and Novel Legal Issues Explored by the Students Who Represented the University of Bucharest in the 2023-2024 edition of the Willem Vis Moot Court Competition
Difficult and Novel Legal Issues Explored by the Students Who Represented the University of Bucharest in the 2023-2024 edition of the Willem Vis Moot Court Competition
Author(s): Raluca PapadimaSubject(s): Law, Constitution, Jurisprudence, International Law, Law on Economics, Comparative Law
Published by: Wolters Kluwer Romania
Keywords: Willem Vis; moot; arbitration agreement; cyberattack; data privacy; payment; obligation of information; obligation of good faith; terms of reference; new claim; ICC Rules; party autonomy;
Summary/Abstract: This article provides an overview of the Willem Vis International Commercial Arbitration Moot in general and of the novel and difficult legal issues raised by the 2023-2024 moot Problem. On the merits, the main legal issues involved liability for misdirected payments as a result of cyberattacks and the existence of an obligation of information and/or good faith in the performance of a contract between commercial parties to a contract governed by the CISG. The procedural issues concerned the mechanisms for adding a new claim after the signature of the Terms of Reference and/or for consolidating two arbitrations, under the ICC Rules, in the presence of several arbitration agreements, comprising a clause included in a framework agreement and clauses included in specific purchase orders under the umbrella of that framework agreement.
Journal: Revista Romana de Arbitraj
- Issue Year: 2024
- Issue No: 2
- Page Range: 105-119
- Page Count: 15
- Language: English
