33rd Vis Moot – Team Saarland

The Vis Moot Court in Vienna is organized by the Association for the Organization and Promotion of the Willem C. Vis International Commercial Arbitration Moot in cooperation with UNCITRAL (United Nations Commission on International Trade Law), renowned arbitration institutions, and the Faculty of Law in Vienna. The aim of the Moot Court is to support the study of international civil and commercial law and dispute resolution for disputes in the international business sector through the practical application of a real-world problem.

From the release of the case in October 2025 until the conclusion of the competition in April 2026 in Vienna, the team from Saarland University worked with full dedication on their participation in the 33rd Vis Moot. The team consisted of Salome Gomarteli, Mariam Putkaradze, Andrés Fernández Kessler, Victoria Travieso Hernández, and Javeria Hafeez. Supervision was once again provided by Prof. em. Dr. Dr. h.c. mult Helmut Rüßmann, supported by coaches Mika Schieffer, Elinam de Souza, LL.M., and Eva Wingler.  

This year’s Moot problem centered on the sale of orchids, in reference to Singapore’s national flower, as the arbitration rules of the Singapore International Arbitration Centre (SIAC) were applied in the 33rd Vis Moot. The plaintiff, a company specializing in the cultivation and sale of rare flowers, sought damages for a covering sale it had made due to the defendant’s failure to fulfill a contract for the trade of a specific endangered species of orchid. The defendant was the spice division of a large food company that intended to use the flowers to produce high-quality vanilla. To this end, after acquiring a predecessor company, it had renegotiated the existing contract with the plaintiff and expanded it to a larger volume. Shortly before the scheduled delivery, the Committee of the Convention on International Trade in Endangered Species (CITES) changed the classification of the orchid, with the result that international trade in it was to be prohibited. The plaintiff had warned of such a decision and demanded an earlier delivery. The defendant relied on standard practice, assuming that the ban would not take effect immediately and that its country of origin would continue to issue import permits—an erroneous assessment. The defendant now invokes the “force majeure” provision of the CISG and the contract, arguing that it is not liable for damages. In the alternative, it rejects the calculation of damages under the CISG’s covering sale provision, as the sale was made by the plaintiff before the contract was officially terminated. On the procedural side, the students had to address the content of the contractual arbitration clause and the question of whether the 2016 or 2025 SIAC Rules apply to the proceedings. Additionally, the issue was whether the defendant’s motion for access to the plaintiff’s contracts regarding third-party financing should be granted. In two briefs, the students took on the roles of representatives for both sides, thereby learning how to defend their client’s interests in a legal dispute.

From late January to late March, the team prepared for the competition in Vienna during the oral phase by practicing arguments on precisely these issues. To this end, the team participated in pre-moots in Stuttgart (Gleiss Lutz), Fribourg, Athens, Brussels (Linklaters and White & Case), and Belgrade. The oral competition then took place in Vienna from March 27 to April 2. This year’s edition featured 384 teams from all countries and jurisdictions.

Further information on the Vis Moot can be found on the official website: https://www.vismoot.org 

Report by Mika Schieffer