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Campbell University School of Law

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2022

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Difficult And Novel Issues Explored By The Students Who Represented The University Of Bucharest In The 2021-2022 Edition Of The Willem C. Vis International Commercial Arbitration Moot, Raluca Papadima Jan 2022

Difficult And Novel Issues Explored By The Students Who Represented The University Of Bucharest In The 2021-2022 Edition Of The Willem C. Vis International Commercial Arbitration Moot, Raluca Papadima

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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 …