The IBA-VIAC Mediation and Negotiation Competition 2017 Organized with the support of ELSA Austria 2017 Program with the support of Headline Sponsors Platinum Sponsor 1 Table of Contents I A Word of Welcome from the Organizing Team 3 II. A Word of Welcome from the International Bar Association (IBA) 4 III. A Word of Welcome from the Vienna International Arbitral Centre (VIAC) 5 IV. The Organizers 6 V. International Advisory Board 15 VI. Mediation Session Working Group 18 VII. Case Working Group 21 VIII. Competition Schedule Overview and Details 24 IX. Sponsors and Supporters 28 X. Workshops 10 July 31 XI. Expert Assessors 44 XII. Mediator Teams 69 XIII. Negotiator Teams 80 XIV. Useful Information (venues, maps, numbers, lunch options & more) 107 2 Words of Welcome I. A Word of Welcome from the Organizing Team On behalf of the Organizing Team of IBA-VIAC CDRC Vienna 2017 we are very proud to have you join the third Consensual Dispute Resolution Competition Vienna. Following our successful two first editions in 2015 and 2016, we have the honor to welcome, for a third time, participants from over 40 countries who will be part of shaping the future of Consensual Dispute Resolution. Only two years ago, IBA-VIAC CDRC Vienna put into practice what it believes to be the future of dispute resolution: An event with a sole focus on Consensual Dispute Resolution that facilitates the development and practice of mediation and negotiation skills for students of law, business and other fields. Starting with only 16 teams in 2015, this year we have selected the 33 best negotiation and mediation teams from around the world based on competitive written and video application. We hope to support those most dedicated and skilled students to not only bring home new skills to resolve disputes in their home countries, but also a network of likeminded people from around the world. With universities from, among many others, Australia, Brazil, Bulgaria, China, the Czech Republic, Germany, India, Lebanon, Poland, Russia, Singapore, Turkey, Ukraine, the United Kingdom, and the United States and students from law, business, diplomacy, political science, art history and economics a talented, diverse and truly global body of students will compete for 4 days in Vienna. 70 professionals from 25+ jurisdictions across the world are bringing their experience and expertise from their work in governments, law firms, academia, mediation institutions, negotiation training companies and as mediators and negotiators themselves. Despite the rising numbers of applications for both team and expert slots, we have decided to stay a comparatively small event wit under 250 participants, for much feedback has proven that the unique international intimacy of IBA-VIAC CDRC has become one of its core benefits and has grown contacts and friendships way beyond the event. We are most grateful to all the incredible people that have been involved in the creation and development of this competition, the inspiration and support by the Directors of the Willem C. Vis Moot, the generous support of our sponsoring and organizing organizations and firms, and you, the students, coaches and experts that make this project come alive every summer in Vienna. All of us are coming together in Vienna in our passion for mediation and negotiation and with the common goal to explore, share and inspire the growth of a new understanding of dispute resolution. Welcome to Vienna, and welcome to a new generation of dispute resolution! For the Organizing Team Claudia Winkler CDRC Vienna | Director 3 II. A Word of Welcome from the International Bar Association (IBA) As President of the International Bar Association, I am thrilled to welcome you to Vienna for the third IBA-VIAC Consensual Dispute Resolution Competition (CDRC Vienna 2017). With universities and expert assessors coming from all over the world, the IBA is proud to be a founder of this event, which after the highly successful past two years, has become a well-respected and distinguished competition. Since its creation 20 years ago, the IBA's Mediation Committee is dedicated to the promotion, education and use of mediation as an alternative to contentious dispute resolution. The effective practice and understanding of negotiating and mediation techniques is also an important feature for the timely and efficient resolution of disputes. The Mediation Committee focuses on laws, practices and procedures relating to mediation, conciliation, and negotiation of transnational disputes, as well as other alternative dispute resolution (ADR) processes. Our Committee seeks to advance the information available to the international legal community about such processes and techniques for implementing them; to contribute to the development of improved practices and ethical standards in the field; and to draw attention to legal developments and problems relating to mediation and ADR in general. At last, it focuses on how to build effective bridges between various ADR’s, including between mediation and arbitration. The IBA also has an active student membership, providing all of its members an opportunity to gain exposure to other IBA committees and engage with their work, as well as offering important tools to the future leaders of the legal profession and the international community at large. As part of this, student members receive access to all IBA publications, including the quarterly career bulletin, have the opportunity to partake in the ‘Cross-Committee Project’, and participate in a ground breaking, distance learning, international law course. The IBA student members are also part of the IBA-VIAC Mediation and Negotiation Competition, continuously developing the range of mooting resources currently available to law students via the IBA and thus providing opportunities for all their members to further advance their public speaking skills. As for the Mediation Committee, it firmly believes that the future of dispute resolution lies in the young generation’s vision and awareness vis-à-vis mediation techniques. This is why this Committee has created a special Young Mediator Subcommittee and is so keen to support the Dispute Resolution Scholarship Programme meant to attract always more students and have them engaged within the IBA: they are the future of the profession and, for that matter, of mediation. Further information on both Committees can be found at www.ibanet.org. The Mediation Committee Co-Chairs, Jawad Sarwana and Andrea Maia, as well as Senior Vice-Chair, Tat Lim, and CDRC Liaison Officer, Jil Ahdab, and I, would all like to thank all those who have contributed to the organisation of this event. We would especially like to thank Dr. Claudia Winkler, the CDRC Vienna Director, whose enthusiasm and dedication have continued to fuel the CDRC engine. We wish you all the best of luck in this 3rd edition of the CDRC, and we hope that you enjoy your time in this beautiful city. Martin Šolc, President of the International Bar Association 4 III. A warm Word of Welcome from the Vienna International Arbitral Centre (VIAC), the premier international arbitration institution in Central and Eastern Europe The Vienna International Arbitral Centre (“VIAC”), its Board and its employees are very pleased to welcome you to Vienna for the second IBA-VIAC Mediation and Negotiation Competition (CDRC Vienna 2016). After an exciting start in 2015 this great initiative, which is supported by ELSA Austria, will be continued. VIAC was founded in 1975 as the permanent arbitration institution of the Austrian Federal Economic Chamber (“AFEC”) and has since then enjoyed a steadily increasing caseload from a diverse range of parties spanning from Europe, to the Americas and Asia. Since its beginnings VIAC has become the premier international arbitration institution in Central and Eastern Europe. The Secretary General and his Deputy are responsible for VIAC’s day-to-day business, supported by the other employees of the Secretariat. The VIAC-Board, which is responsible for deciding on the strategic direction of VIAC and for making important decisions, currently consists of 12 members comprising renowned practitioners, arbitrators, lawyers, a Supreme Court Judge, Professors of Law and a member of the Ministry of Justice. VIAC’s International Advisory Board comprises 21 arbitration experts from all over the world who are supporting VIAC with their know-how and their contacts. Seated in a neutral country in the heart of Europe, the VIAC since more than 40 years offers its services in the settlement of international disputes to its users. On the one hand, VIAC administers international arbitration proceedings which are tailored to the parties’ requirements and always meet the highest quality standards. On the other hand, VIAC has always been open to alternative dispute resolution methods and so already its first set of rules of 1975 contained a section on conciliation. On 1 January 2016, the new Vienna Mediation Rules entered into force that now enable VIAC to conduct not only mediation proceedings but also other forms of amicable dispute resolution under its auspices. In its endless efforts to promote arbitration and other forms of alternative dispute resolution, the VIAC together with the IBA has founded the CDRC Vienna two years ago. This is seen as a forum for students to familiarize themselves with mediation and negotiation. VIAC is also supporting the Vis International Commercial Arbitration Moot because it is paramount to teach young students and lawyers already at an early stage of their legal education about arbitration, mediation and other ADR-forms. Further information on the VIAC and its mediation services can be found at www.viac.eu. The VIAC’s Board as well as the Secretariat would like to wish you a great time in Vienna and good luck in the competition! We hope to see you again at other occasions in Vienna! Günther Horvath, President of the VIAC-Board Nikolaus Pitkowitz, Vice-President of the VIAC-Board Manfred Heider, Secretary General of the VIAC Alice Fremuth-Wolf, Deputy Secretary General of the VIAC 5 IV.