Organized by the Moot Society of Sri Lanka Law College, the H.V. Perera QC Memorial Moot Court Competition (also known as The Victor’s Moot) is the first and currently the only International Commercial Arbitration Moot Court Competition in Sri Lanka. This competition is held annually after its inception in 2018 in commemoration of Dr. Herbert Victor Perera QC, a distinguished personality in the field of law in Sri Lanka.
The vision of “The Victor’s Moot” is to provide all legal students the ideal platform to engage with other law students and their international counterparts in head-to-head competition and discussion on timely developments of International Commercial Arbitration with the end goal of achieving uniform global standards in this sphere. While a venture of this nature will inevitably be a promising exposure to law students who will be potential stakeholders of mega multinational corporate litigations, we truly aspire to make The Victor’s Moot the radix of the abilities and skills developed by law students and provide a strong foundation to be integrated into international networks that may prove its worth in time to come.
It is also our goal through “The Victor’s Moot” to promote arbitration as an effective alternative dispute resolution method to ensure speedy dispensation of justice in the sphere of Commercial Law. Where Sri Lanka is a projected hub for international trade and commerce in the Asian Continent, we believe it is of crucial importance to stimulate and popularize Sri Lanka as an emerging corporate arbitration centre in the region and train in-house counsel of commercial entities to be completely aware and trained in arbitration skills.
Sri Lanka Law College was established in 1874 under the Incorporated Council of Legal Education and is the only legal institution through which one can enroll as an Attorney-at-Law in Sri Lanka. As of today, while other Institutions offer academic courses leading to a degree or other academic qualification relating to law, persons become eligible to practice the law, only after admission to the profession as provided for in the Rules of the Incorporated Council of Legal Education. Thus, the Law College is the only gateway to the legal profession in Sri Lanka.
The Moot Society of Sri Lanka Law College provides a platform for all students at Law College to practice legal research, oratory, and presentation skills in a court setting since its inception in 1986. The Moot Society is dedicated towards the upliftment of the students’ legal and advocacy skills and plays a pivotal role in placing the name of Sri Lanka Law College in the global mooting arena. Apart from the Victor’s Moot, The Moot Society has organised multiple internal mooting competitions such as the Bunty De Zoysa Memorial Moot Court Competition and the Hulftsdorp International Commercial Arbitration (HICA) Moot in order to allow the students of Sri Lanka Law College to further develop their written and oral advocacy skills. Additionally, the Moot Society gives students an opportunity to take part in several external, local as well as international mooting competitions.
International Commercial Arbitration is an alternative method of dispute resolution between private parties arising out of commercial transactions that transcend national boundaries, to allow the parties to avoid litigation in their respective national courts.
The concept of arbitration as a means of dispute resolution was a simple self-regulated system in a historical context. It was a common occurrence that two or more traders would resort to a neutral third party in order to resolve a dispute that has arisen out of their commercial relationship.
Most commercial contracts will contain a dispute resolution clause that specifies that any dispute arising out of or in relation to the contract shall be addressed through arbitration rather than litigation. The parties have the freedom to specify the forum, the procedural rules and the governing law at the time of the contract.
Arbitration can either be “Institutional” or “Ad-hoc”. If the parties have agreed to have an arbitral institute to handle the dispute then it is known as Institutional arbitration and if the parties have set their own rules for arbitration then it is known as Ad-hoc arbitration.
The types of law that are applicable in arbitration include international treaties and national law which can be both procedural and substantive. This also includes the specific procedural rules of the arbitral institution.