Meyer, 3L, wins intramural ADR competition

The ADR finalists and their judges. Winner Meyer is third from left.Melissa Meyer (3L) has won Georgetown’s 2011 Intraschool International Arbitration Competition.  She defeated fellow finalists Hillary Harris (2L), Sean Lyons (2L) and Kevin Clement (LLM) on Tuesday, November 1.

Nearly fifty GULC students signed up for the competition, which returned to campus after a one-year hiatus. Eighteen ultimately competed in the oral argument rounds, which were held the weekend prior to the finals.

The competitors received a packet of cases, statutes, and secondary source materials, which they used to decode a commercial contract dispute problem.  The competition fills a gap in GULC’s intraschool extracurricular competitions.  Although last year Barristers’ Council hosted moot court, mock trial, and negotiations competitions, it did not offer a competition to students interested in international arbitration because it did not have space available on the Alternative Dispute Resolution (ADR) Division.

This year’s problem asked the participants to represent either of two parties, a ski equipment retailer and a wholesale distributor, in an arbitration to determine two issues: First, whether an arbitration clause included in the standard terms of one of the parties was an enforceable part of the sales contract, and second, whether that arbitration clause carried an implied duty of confidentiality.  The problem was designed to mirror the sorts of disputes that arbitration lawyers face in the real world.

The final round was held on the twelfth floor of Gewirz, and the four advocates argued before a distinguished panel of arbitration attorneys from the Washington, D.C. area.  Acting as chairwoman was Janet Whittaker, a consultant for the International Centre for Settlement of Investment Disputes.  The other panelists were Marguerite Walter, counsel at Crowell & Moring, and Frederic Sourgens, an associate with Milbank Tweed Hadley & McCoy who is also a GULC adjunct professor.  The panel questioned the advocates concerning what choice of law provisions they should apply, what substantive law governed, and the policy behind enforcing the contract and implying confidentiality.

The ADR format falls somewhere between the formal, adversarial setting of moot court and the informal, collaborative nature of negotiations.  Rather than stand at a podium facing the panel, the advocates spoke while sitting at tables, and could reference their notes throughout the round.  They addressed the members of the panel as “Mr. Arbitrator” and “Madam Chairwoman,” and unlike in moot court, the advocates were generally allowed to speak with minimal interruption from the panel.  Only occasionally did the conversation appear to take on a confrontational tone.

After each finalist had a chance to present his or her argument (each was allotted fifteen minutes, from which they could reserve one or two minutes of rebuttal time), the panel adjourned and briefly deliberated.  When they returned to the room, each member of the panel offered their comments on the evening’s performance.  They praised the advocates for their poise and preparation, and for their direct answers to tough questions.  They also shared some useful criticisms.  Then, Victor Liang, the director of the ADR Division, announced the panel’s decision and named Melissa Meyer the top advocate.

After the event, Meyer spoke with the Law Weekly: “I have always been interested in commercial dispute resolution; this has been an amazing opportunity for me to practice my skills and to meet other people who are as excited about it as I am.”  Meyer, who has traveled extensively, said that competing internationally “just makes sense” to her.

The competition’s top five advocates, including all four finalists, have been awarded a spot on the Barrister’s Council ADR Division.  They will be able to choose from a number of international and domestic ADR competitions to participate in, including the prestigious Willem C. Vis International Arbitration Competition, which is held each year in Vienna and Hong Kong.  Because so many of its competitions are international, the ADR Division is a great opportunity for students to compete while traveling the world and learning about international law.

Liang told the Law Weekly that he was pleased with the outcome of the competition: “We were especially impressed by how quickly the competitors understood the material in such a short time, especially since international arbitration is a very technical practice.  It is the favored means of resolving international trade and commercial disputes, and many schools worldwide focus on international arbitration competitions as their top priority because they understand the value of exposing their students to this field.  By bringing back Georgetown’s arbitration tryouts, we hope to expose more Georgetown students to arbitration advocacy and give them the opportunity to explore this field as well.”

by Jeffrey DeSousa, 2L

Law Weekly