he 2023 Moot Shanghai International Commercial Arbitration Moot opened on 14 March 2023 at East China University of Political Science and Law. Nancy Zhang, Founder and Managing Partner of Xeon & Partners Law Firm, was invited to serve as a guest arbitrator for the round between Peking University and Jilin University. Yuan Zhang of Xeon & Partners also attended the event on behalf of the firm.
This year’s moot problem concerned an international sales dispute between claimant Drone Eye plc and respondent Equatoriana Geoscience Ltd. The proceedings focused on four principal issues: whether the arbitral tribunal had jurisdiction; whether the arbitration should be stayed pending a related criminal investigation; whether the United Nations Convention on Contracts for the International Sale of Goods (CISG) applied to the underlying sales contract; and, if the CISG applied, whether the respondent could nevertheless challenge the validity of the contract under its domestic international commercial contract law.
Representing the respondent and claimant respectively, the teams from Peking University and Jilin University presented competing arguments on these jurisdictional, procedural and substantive issues. The jurisdictional debate centred on whether domestic constitutional restrictions applicable to a state-owned entity could affect the validity of an arbitration agreement, while the procedural discussion examined whether an ongoing corruption investigation involving the respondent’s former chief operating officer justified suspending the arbitration.
The teams also debated whether the subject matter of the sales contract fell within the scope of the CISG, including whether the relevant product should be classified as an aircraft for purposes of the Convention’s exclusions. On the question of contract validity, the parties addressed allegations of misrepresentation concerning the specifications and description of the product.
Each team completed two rounds of oral submissions, followed by rebuttal and further argument on the issues raised by the opposing side. At the conclusion of the session, the guest arbitrators assessed the participants’ performance and provided professional feedback on their advocacy, legal reasoning and responses to questions from the tribunal.
Moot Shanghai provides law students with an opportunity to engage with international commercial arbitration through realistic case scenarios involving cross-border contracts, procedural strategy and the application of international commercial law. Xeon & Partners’ participation reflects the firm’s continuing engagement with international arbitration, legal education and the development of young legal professionals.