Vis Moot Court — Second Trial Run at Prager Dreifuss

The second Moot Court practice run this year at Prager Dreifuss! On 17 March 2023, there was another encounter before the arbitral tribunal, the case was the same. The hearing began with the respondent — state-owned Equatoriana Geoscience Ltd — represented by Tsagaanlkham Badamkhand (procedural issues) and Iphigénie Carbonel (substantive issues) from the University of Basel. Respondent presented convincing and well-argued points against the jurisdiction of the tribunal.

The claimant—drone manufacturer Drone Eye plc—was represented by Perla Bachmann (procedural issues) and Anaïs Frischknecht (substantive issues) from the University of Zurich. Counsel for claimant also argued in the very best English, already the briefs submitted by the parties were of the highest standard. The debate turned – inter alia – on the question what qualifies as an aircraft and is therefore excluded from the scope of the applicable treaty on international sales of goods (CISG). The students researched thoroughly the jurisprudence available, assessing decisions on hot air balloons, submarines and used cars.

In the end, the team from the University of Zurich, with its good arguments and convincing presentation, was able to secure a narrow advantage with arbitral tribunal. The arbitration panel consisted of Marcel Frey as chairman and the two party-nominated arbitrators Gion Jegher and Bernhard Lauterburg. We wish both teams every success in the competition!