Document Type

Article

Publication Date

2022

Abstract

This article provides an overview of the Willem C. Vis International Commercial Arbitration Moot in general and of the novel and difficult legal issues raised by the 2021-2022 moot problem. The procedural issue revolved around determining the law applicable to an arbitration agreement where, as it is generally the case, the parties did not specifically select it, and with the additional twist of the existence/validity of the entire contract (including the arbitration agreement) being challenged by one of the parties. The relevant considerations are addressed in an article titled "Midnight problems: finding the law applicable to the arbitration agreement", co-authored by Diana Bucovald and Raluca Rusu. The substantive issues raised by the 2021-2022 moot problem, which were closely intertwined with the jurisdictional challenge, involved contract formation, including incorporation of general conditions containing an arbitration agreement, where one of the contracting parties was part of a larger group of companies. The expansion of the corporate group of companies doctrine in the area of contract formation (including formation of an arbitration agreement) is explored in an article titled "Relevance of the group of companies doctrine in international arbitration and contracting", co-authored by Mihnea-Filip Jere and Antonio-Alexandru Timnea. The incorporation of general conditions (including where they contain an arbitration agreement) is explored in an article titled "To incorporate or not to incorporate? That is the issue.", co-authored by George Domocos and Alexandru Kdber.

Publication Title

Romanian Arbitration Journal / Revista Romana de Arbitraj

First Page

77

Volume

16

Issue

2

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