A Digital Celebration Book for Professor Eric E. Bergsten

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INTRODUCTION This digital book celebrates Professor Dr. Eric E. Bergsten and pays tribute to his achievements, vision, and unique spirit.

Professor

Bergsten, known to many of the contributors to this book as Eric, enjoys a global reputation for his many professional accomplishments and roles, which have established him as a sophisticated and highly respected professor in international commercial law and arbitration communities. Despite his acknowledged standing, Eric has always treated everyone he meets with his twinkling eyes, warm smile, and firm handshake.

He makes everyone feel welcome and special,

whether a young student at her first “moot” or a renowned senior arbitrator or diplomat.

Undoubtedly his greatest achievement has been founding and developing the Willem C. Vis Arbitration Moot (Vis Moot). During this 30th anniversary of the Vis Moot, we are delighted to celebrate Professor Eric Bergsten whose vision and spirit have driven the Vis Moot. During the past three decades, Eric has positively impacted the professional and personal lives of tens of thousands of students, academics, and arbitration practitioners around the world. He has also impacted the awareness and practice of international arbitration and commercial law across the globe. Eric’s unique collegiality and warm personality has earned him many friends and supporters who would like to join in celebrating him and his achievements and share their memories with him through this digital book.

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This digital book project will be updated with more contributions and memories from the 30th Vis Moot, which is about to begin in Vienna.

This initial version goes into production now in order that it may be placed into Eric’s hands when the new “mooties” and his many friends gather in Vienna for the Vis Moot. He can page through these contributions with a smile on his face and feel the warmth in his heart of the many, many, many people whose lives he has touched and all of those who will be impacted through the VIS moots of the future.

His legacy lives on in the spirit of the Vis Moot.

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EDITORS: Prof. Dr. Patricia Shaughnessy Sherlin Tung Mag. Patrizia Netal Prof. Dr. Stefan Kröll Prof. Dr. Christopher Kee

ASSISTANT EDITORS: Ipek Ince Dr. Navin G. Ahuja

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FROM BHAVIK D. RAJANI Dear MAA team “Treat the whole proceeding as you would do at a dinner party at an embassy! In other words politely, but not as strictly as might be the case in court, and you should be fine!” This was what he told us when we met first met him before the hearings at the 9th Vis Moot, and introduced ourselves as a first time participant, without a coach and never having seen an arbitration before.

To me Prof. Bergsten’s greatest achievement to me is the large arbitration community he has created over the years. By creating this game changing platform which gives an opportunity to learn skills through the writing and practice of oral advocacy before some of the world’s most sophisticated lawyers he has touched the professional lives of thousands of participants, including coaches and arbitrators.

I attached a letter from Prof. Eric E. Bergsten, which I received after our participation at the 9th Vis moot.

With all best wishes

Bhavik D. Rajani FCIArb, FSIArb

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FROM DR BENJAMIN HAYWARD The opportunity that I enjoyed to participate in the 13th Willem C Vis International Commercial Arbitration Moot in Vienna, and in the 3rd Vis (East) Moot in Hong Kong - made possible by Professor Dr Bergsten have laid the foundwork for my ongoing academic career. Continuing on with my research into international commercial arbitration law, international sales law, and the conflict of laws - all issues raised by that year’s dispute around the specifications of a confectionary wrapping machine - has led to the development of my research expertise in all three areas of law, my PhD studies, and the later publication of the results of those studies with Oxford University Press. As I’ve often said - I couldn’t have asked for a better introduction into these legal disciplines, and indeed, a better way to be awakened to the fact that it is not always Australian law, or Victorian law, that will apply where a transaction has international elements!

Dr Benjamin Hayward Department of Business Law and Taxation, Monash Business School, Monash University

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FROM ANNA MARIE ANTOINETTE NARCISO The Vis Moot was instrumental in stimulating my enthusiasm for international commercial law and arbitration. As a mootie, I discovered how to use my background in cross-border trade to scrutinise facts with a pragmatic perspective. I also learned to analyse substantive legal issues in the context of conventions and generally accepted principles of international commercial law. I likewise examined procedural legal issues against hard and soft laws in international arbitration. Lastly, I perused treatises on international trade law and arbitration to enhance my theoretical and practical understanding of the laws. But apart from sharpening my technical skills, I also socialised with organisers, arbitrators, coaches, and students. After the Moot’s conclusion, I went home with more global connections than I could count and a sense of purpose.

A year later, I wrote a thesis on investment arbitrations under the ICSID Convention, which I defended before a panel of Philippine and New York-qualified attorneys. In doing so, I leveraged what I had learned as a mootie to identify gaps in the Philippine legal framework for arbitration and provide a recommendation. My work was ultimately nominated for an award.

Needless to say, these life-changing experiences would not be possible if Professor Dr Eric E. Bergsten did not establish the Vis Moot three decades ago. For this, I am eternally grateful to him.

Thank you for your time.

Kind regards,

Anna Marie Antoinette Narciso

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FROM HARRY FLECHTNER THE SPARKLING ERIC BERGSTEN

All who work in International Commercial Law or International Arbitration owe a huge debt to Professor Eric Bergsten. His scholarship has been an indispensable tool for finding one’s way through the intricacies, issues and challenges the fields pose. His genius in forming the Vis moot and turning it into an amazingly-successful vehicle for introducing students to these fields has no doubt been the single most effective means of spreading awareness and understanding of the critically-important developments in substantive international law and international dispute resolution. His encouragement of generations of law students to pursue these fields through his warm, generous, engaging personality has multiplied all his wonderful personal successes.

I, like everyone engaged in these areas, have been the beneficiary of Eric’s extraordinary blend of intelligence, wisdom, administrative talents and personal charm. I, however, have also enjoyed a special and (literally) unique benefit: after hearing (being subjected to?) the first performance of my “CISG Song” at the speakers’ dinner for a 2004 conference on the CISG at the University of Pittsburgh, Eric suggested that I perform the song at the Vienna Konzerthaus at the Opening Ceremonies for the 12th Vis Moot.

All of my very-justified doubts about the adequacy of my modest musical talents to bring off what Eric suggested evaporated when I pondered the – I don’t know what else to call it – “coolness” of the chance to perform before such an audience in such a venue: I immediately said “yes,” and then spent all the time between that Pittsburgh conference and the opening of the next Vis panicking

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and maniacally rehearsing. And somehow, when the night came, the performance was successful. It helped – in fact, it was the key to success – that what I was doing was a novelty act that required only modest musical abilities, and that the it enjoyed the goodwill of mooties who welcomed some comic relief at a moment of peak tension after months and months of preparation.

At any rate, that turned out to be the first of 18 years performing at the Opening Ceremonies, almost all of them (except when the Covid pandemic required recorded performances) in the Großer Saal (“Great Hall”) of the Konzerthaus. The astonishing opportunity for a mere musical hobbyist like myself to perform in such a setting for an overflowing audience was truly amazing, and by far the highlight of my musical “career” (the last word deserves at least double or triple quotation marks).

There are certain people who have the ability to spread opportunity and inspiration wherever they go. That is certainly a description of Eric Bergsten. Metaphorically, he is like what in the U.S. are called “sparklers” – fireworks that spin off clouds of sparks wherever they are placed. Eric’s sparks have ignited career paths, ideas, creativity, ambitions, lofty goals and even loftier achievements among thousands and thousands of students, practicing professionals, academics, and who knows how many others whose lives, like mine, have been enriched in unique and unforeseeable ways by Eric’s kind and friendly genius.

Thank you, Eric!

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I have now made new videos of me doing The Mootie Blues (substituting a new generic line for the problem-specific line that is in there for performances at the Opening Ceremonies) and the CISG Song.

The videos were made in the a room in my house, so they don’t exactly have the elegant ambience of performances at the Konzerthaus (if I want to see me performing there, I go to YouTube), but the sound quality should be better.

THE MOOTIE BLUES

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THE CISG SONG

Harry Flechtner Professor of Law Emeritus, University of Pittsburgh School of Law

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FROM LOUISE BARRINGTON ERIC BERGSTEN – GODFATHER OF THE VIS EAST

My introduction to the Vis Moot came with an invitation to arbitrate oral arguments in Vienna. The year was probably 2000. The experience was astounding: the nervous young neophytes arrived on Day One and a week later left as polished professionals. In parallel, as a junior arbitrator I was was meeting and even sitting on panels with my seniors, even some of the “gods of arbitration.” It was education at its practical best.

My only doubt about the Vis Moot was the dearth of Asian faces. For a Hong Kong resident, it was a shock to join in an international crowd that was overwhelmingly Caucasian. I chatted to Professor Bergsten about it, and we surmised that it was probably a combination of distance and unfamiliarity with mooting as an educational tool.

We spoke again the next year. I asked Professor Bergsten if a regional Vis competition could introduce Asians to the Moot and convince them (and just as importantly, their teachers) of the value of participating.

The response was an emphatic NO. Professor Bergsten pointed out that the Moot was “an educational experience in the form of a competition” and that the actual competition was only half the story.

The other half was the opportunity to travel, to meet and interact with students and professionals from around the world. A regional Moot would deny that second, social awakening element to students who only participated from home.

My alternative argument was to try a “little sister” Moot in Hong Kong, which might attract more Asians but also be open to teams from around the world. This would duplicate the Vienna experience for

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the students, and we thought, take some pressure off the burgeoning numbers applying to the Vienna Moot. We agreed that teams should have the choice and could argue at both Hong Kong and Vienna if they so chose. So, with some trepidation, Professor Bergsten agreed to “try it out”. With the backing of the Chartered Institute of Arbitrators East Asia Branch, the Vis East was born in 2003 (with first oral arguments in 2004). Fourteen 14 teams competed.

In its second year, Professor Bergsten attended the Vis East, and chaired the Final Round of argument. He gave us his blessing, and Vis East has grown since then to well over 100 teams in Hong Kong.

Today, half the teams are from Asian schools.

Our recent experience with virtual Vis Moots has highlighted the wisdom of Professor Bergsten’s vision. Born of the travel restrictions of Covid, the virtual Moots have contributed to the modernisation of the arbitration community and allowed teams unable to travel to benefit from the Moot’s intellectual experience. However, those accustomed to attending in person, whether in Vienna or in Hong Kong, have been unanimous in expressing their delight about returning to Inperson competition, with the benefit of both its intellectual and social elements.

Professor Bergsten’s vision endures, and all those involved in organising the Vis and Vis East Moots are committed to preserving his key values.

To conclude, another famous quote from the Professor: “At the Vis Moot, everyone is a winner!”

Louise Barrington Arbitrator & Mediator Aculex Ltd., Hong Kong Arbitration Place, Toronto

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FROM THE 23RD VIS MOOT UNIVERSITY OF BUENOS AIRES TEAM

We first met Prof. Eric Bergsten during perhaps the most unlikely of contexts: after winning the competition that he brought to life. It was March 2016 and we had accomplished something “extremely difficult – though not impossible” (key terms of that year’s Problem, forever engraved in our minds) becoming the first Latin American university to ever win the Vis Moot. Upon the announcement: a boisterous (almost football like) celebration. We yelled, jumped, hugged each other and then went on stage; not quite believing what was going on. As the ceremony draw to a close, and the crowds started to stream out of the Messe, we shyly approached Prof. Bergsten to ask for a picture with the man that had made it all possible. He laughed and invited us to join him. We then had a lovely and inspiring conversation where we shared anecdotes and reflected with gratitude on everything the Vis Moot had given us.

To Prof. Bergsten and his Vis Moot we owe too much: a sense of belonging, the chance to prove ourselves, the opportunity of a better professional future and, above all, lifelong colleagues we have the honor of calling our friends.

The 23rd Vis Moot University Of Buenos Aires Team

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FROM MAX BODDIN TWO MOOTIES AND THE LEGACY OF THE BULLETIN BOARD

This is a story about creativity and inspiration in mooting - at times both well instrumentalised and woefully misguided. Prof. Eric Bergsten, through his work on the moot, has contributed to the learning and practical experience of many law students around the world. However, he has also contributed to cross-country friendships, unbreakable team bonds and myriads of fantastic ideas.

When I did the 27th Willem C. Vis Moot in 2019/20, my team’s creative energy gave us progress. As we spent more and more time with each other searching for that perfect argument, even the most bafflingly ridiculous ideas were very much on the table. The worse ones, thankfully for our legal careers, quickly left that table again without any trace. There is however one product of misguided inspiration that not only is well documented, but still intact - the bulletin board. It has not only survived a global pandemic and three moot seasons but has developed a legacy that is far from finished. It shows us not only 18

how Prof. Bergsten contributed to cultural understanding academic excellence, but to many, many more things that blossom from the Willem C. Vis Moot.

THE BULLETIN BOARD It was somewhere at the end of the Claimant memo phase when the bulletin board was created. My teammate Niklas and I had been working long hours on issue 2, the supposed exclusion of infamous expert witness Prof. John, coming into the team space before sunrise and leaving long after dark. Debates on the structure of our arguments got so heated, we started using white boards to doodle and brainstorm, and let the rest of our team in on what kept us agitated. That is when we realised that, in all those long weeks of memo writing, we had never made use of the bulletin board in the room. When Niklas appeared one day, dropping a red ball of wool on my desk without much elaboration, I knew it was on. I had been feeling like Charlie Day in “It’s always sunny in Philadelphia” for a long time now, the only thing we lacked was a bulletin board full of pictures tied together by red threads.

Since we now had the board and the thread, we only needed pictures.

So we started to take our mind off the legal side of the case for a while, and into which pictures we might use to bring Robert Langweiler, Julia Clara Fasttrack, Prof. John and all the others to life. What we came up with was a combination of stock photos, cartoon characters, and, in one particularly desperate instance, Greta Thunberg with a construction helmet photoshopped onto her face. While the creation of the board was fun, I choose to believe it was also productive: While not completely forgetting the details of the case, we could put our mind to something other than the exhausting argumentation, and through its uplifting spirit brought a healing energy to this particularly pugnacious expert exclusion duo. For the rest of the team the board was a delight as well, and so when the dreaded submission of 19

the memo, came, it found its way into our victorious team photo cementing its place in moot history.

THE PICTURES AND WHO THEY REPRESENT Representing CLAIMANT, we needed them to look as good as possible. The CLAIMANT of this problem was a company producing green energy using hydro power plants. Therefore, Greta Thunberg was the ideal person to represent this fully innocent, idealist party whose only goal was improving the world and protecting nature.

However, since we also wanted to signify competence and the cando attitude of CLAIMANT, we agreed that she needed to wear a construction helmet, which it turns out Greta Thunberg never did. (At least not on-camera.) Therefore, the clumsy edit was necessary.

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For 30 years, one Robert Langweiler initiates exactly one arbitration every year. Without mistake, this absolute unit of a lawyer has loyally represented CLAIMANTs from every sector of the Mediterranean economy. It is only fair to represent a man so principled and experienced with the dashing and successful Harvey Specter, played

by Gabriel Macht on “Suits”.

JC Fasttrack - despite their parties being at odds with each other, counsels should never forget they are still colleagues and view each other with respect and professionalism. We didn’t really keep true with this one. The Disney character Cruella de Vil, literally named after the words “cruel” and “devil” and being known for her criminally good fashion sense, chainsmoking and unreasonable lust for murdering puppies was just horrible enough to represent this woman who so meanly disputed both the validity of the arbitration agreement and the existence of our party’s claim.

Mr. Gilbert Crewdson, member of the local council in the city of Greenacre and in charge of the power plant, is not the biggest figure in the problem. From what we know about him, Doug Dimmadome, an entrepreneur from the Nickelodeon carton “Fairly OddParents” captures his energy quite well: A jolly fella with an impeccable sense of fashion, but also kind of a buffoon. As CLAIMANT, we made sure not to trash talk the man, but we didn’t indulge him either.

The seat of arbitration is Vindobona, Danubia. Vindobona was once the name of Vienna, and Danubia is named after the Danube river.

Therefore, the Juridicum in Vienna, the actual place of the Vis rounds, is a sensible stand-in. As this was the 27th Vis Moot, it should have been the Immediation logo for more accuracy, though.

The RESPONDENT, a producer of Steel Turbines of our dispute had to be slandered so outrageously, one cartoon character that 21

is synonymous with greed was barely enough. We all know the characters in “SpongeBob Squarepants” represent the seven deadly sins, and Mr. Krabs’ greed and Patrick Star’s sloth were only the most obvious two. As a face for this villain of an arbitration party we chose Principal Greedyguts, the malicious and donut-obsessed headmaster from “Jacob 2/2“, who just looks the part.

Nomen est omen - a saying that cannot be further from the truth when it comes to “Trusted Quality Steel.” The parties in the 27th Vis Moot case had the very reasonable suspicion that the steel delivered by this company was sub standard and unusable for the turbines delivered.

So, two out of three words in the name of this company were already a flat out lie. You might think “at least they were right about the third one” but, considering “Steel” is just the owner’s last name, it really isn’t sure what they are doing anymore. One thing is made very clear in the case file though: Mr. Steel “forged” (sic!) the certification for his product, which is both grounds for reasonable doubt and an excellent pun from Prof. Kröll.

For all these reasons, the wonderfully uncomfortable smile and thumbs up of András Arató, whom the normies call “Hide the Pain Harold” was the perfect representation of this dubious quality steel.

Professor Tim John is the rogue anti-hero of the 27th Vis Moot problem. He is not only a well-known expert, a proficient english speak and well versed in the ways of not only corrosion but also cavitation, and a sought after trade fair keynote speaker, but also a fierce beast to slay in the court room. The ladder at least was the experience of one particular Mr. Burdin, a leading expert in turbine engineering. For nine, full months, this man was engaged in a patent lawsuit against Prof. John, the Freddie Mercury of steel turbine corrosion likelihood assessments himself. The only place Mr. Burdin could find solace during this time was in the arms of his loving wife, Claire. The issue:

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The very same Claire Burdin was named as an arbitrator in the current arbitration. Conflict of interest much?

The result for us two honesty loving CLAIMANT counsel was clear: Prof. John needed to be called out for the evil mastermind he was.

Mike Myers’ aptly named iconic “Austin Powers” villain was the perfect representation.

The same slander cannot be accounted for Ms. Burdin. Our arbitrator was in a weird spot for CLAIMANT. On one hand, we needed to insinuate that Prof. John’s presence might compromise her judgment, on the other hand we couldn’t attack an arbitrator too hard. Therefore, the solution was a yassified version of SpongeBob Squarepants with lipstick and a yoga mattress, showing her sympathetic naiveté and innocence as a result.

What comes to mind when you hear the name “Mr. Burdin”? Nothing?

Yeah, same for us. There is little information on this man in the problem.

Hell, he doesnt even get a first name while Prof. John over here gets one as a last name. So we decided to go with the most average suit wearing white man we could think of, which at the time wasn’t Olaf Scholz but rather Stan Smith, the titular “American Dad.”

LEGACY, PANDA Our interaction with the bulletin board however was short-lived. Due to the emerging Covid pandemic, the whole university went into full lockdown in March 2020. We didn’t get to see the inside of our team room for a long time, and when the space was allowed to be used for mooting again almost one and a half years later, the board was all but forgotten. For a whole additional year it was basically ignored, until 2022. When we walked into the space to tell the current mooties about every wrong thing they wrote in their memo draft, it was there:

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Behold! Yet another case bulletin board. They didn’t even dismantle ours. They just got another, even bigger bulletin board for their own case. They filled it not only with memes, but with arguments and ideas. For their actual case work.

The bulletin board had stood the test of time. It had seen seasons coming and going, teams formed and dissolved in a heartbeat. It had remained through pest and crisis. But it had also evolved, from a throwaway joke to a knowledgeable and helpful team member. It had found its place as part of the room, in the journey as a mootie, but most importantly, it had found its place in our hearts.

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Max Boddin

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FROM THE CISG ADVISORY COUNCIL

The CISG Advisory Council

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FROM DR. CRISTINA FLORESCU TRIBUTE PAID TO PROF. ERIC BERGSTEN ON THE OCCASION OF THE 30TH ANNIVERSARY OF THE VIS MOOT

Here we are, at the 30th anniversary edition of the W. C. Vis Moot Vienna. My memories of the first encounter with the Vis Moot are related to the friendship developed by my father, Prof. Dr. Grigore Florescu, with Prof. Eric Bergsten from the beginning of the 2000 years. I was encouraged to participate in a round session to see how the debates unfold, to feel the spirit of the Moot and to acknowledge the high level of the students’ presentations. It was one of the last rounds, therefore the impression made was great, and I was able to understand instantly that the Vis Moot is the leader moot court in international commercial arbitration, by teaching of doctrine and advocacy skills through participation, devoted to the education of practice-ready lawyers. From that moment on, I decided that I cannot miss the opportunity to be involved in such an outstanding event.

The Vis Moot has a remarkable value for students, teachers, coaches, law schools, arbitral institutions and all those participating as arbitrators for educational opportunities and international visibility that can provide better position in the international educational network and in the legal world generally.

It is a unique opportunity for the youngest to learn from the most experienced, to exchange ideas and above all to meet and get to know noteworthy personalities in the arbitration field and practitioners with different legal education and diverse cultural training. At the same time, new professional and friendship relationships are formed and grow every year, and the social events, that are prepared by the

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organizers on the occasion of this competition, have a significant contribution. Also, there are several other conferences and seminars that are taking place in the same period due to the great numbers of commercial and arbitration law specialists participating in the Moot.

I can share that the Opening Ceremony is a very congenial, enjoyable and a unique experience. But I can say that more of this is the final ceremony, the Award Banquet. All the participants and the organizers are gathered in a very big hall to enjoy the final oral hearing and then the Award Banquet, where gratitude speeches are followed by a wonderful meal, during which the winners are announced in a cheering crowd. It is a rewarding feeling for the winners to be seen by thousands of other colleagues and arbitrators from a wide range of countries, as their future career starts from there.

In the following years, as arbitrator, I discovered the magic and joy, the greatness and unique sense of belonging to the arbitration community.

I was particularly endorsed by the kind support and guidance of Prof. Bergsten, who was always there, ready to offer support and close to me and my father. His direction and his shared willingness contributed to the development of my passion for arbitration and the decision to finalize the doctoral specialization in the arbitration field and to activate then as an arbitrator. It was also a peerless value to my academic career, being able to develop innovative approaches and to improve the teaching strategies for my students. In fact, being an arbitrator at the Moot was my first experience in this capacity and it served well to apply later the lessons learnt in real cases.

Without Prof. Bergsten constant and reliable advice to continue, to organize myself and to strongly believe that my first international appointment will come once I am confident and well prepared, I would never have the courage to set arbitration as my target profession.

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I owe Prof. Bergsten gratitude, merits, and appreciation especially that he was morally by my side in tough times in my personal life, always surrounding me with his sympathy and emotional warmth. His companionship with life stories, his own parables and the sharing of the warmest histories were a bandage and a noble comfort, full of attention and empathy.

For almost 20 years now I consider Prof. Bergsten as my second father, personal and professional, as he instilled me strength, respect, desire for self-improvement and I always wanted to prove and assure him that investing his friendship and trust was a fruitful endeavour.

It made me happy and proud to contribute in 2011 to his in honorem volume “International Arbitration and International Commercial Law: Synergy, Convergence and Evolution, Liber Amicorum Prof. Eric Bergsten” with a paper drafted with my father. I cannot forget how pleasantly impressed Prof. Bergsten was by this surprise organized by the publication of that tribute volume by one of the current directors of the Moot, Prof. Stefan Kröll, when all the contributors were invited on the stage at the Opening Ceremony and Prof. Bergsten came to thank each of us with tears in his eyes.

I also appreciated the fact that, together with his wife, he supported and guided his daughter Patrizia Netal towards this profession in arbitration, as my father did with me. Thus, it was proven once more that, in addition to so many other students and young learners to whose training he contributed to, Prof. Bergsten had the confidence and desire to leave a personal legacy for the continuation of the organization and development of this special phenomenon, the largest arbitration Moot. He can be considered rewarded by the effort, selflessness and dedication that Patrizia devotes today in her capacity as director of this event and in her successful career in the field of arbitration.

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I remain deeply indebted and grateful to the man Eric Bergsten that managed to leave such a beautiful, deep, striking, and special mark in my life, and I wish him serene and peaceful days, with lots of health and strength, with his loved ones by his side. He is always seconded and cared for by his wife, who is close to him and offered support so that he could focus on continuing his work as a trainer and a way forwarder of innovative paths for the new generations.

The Moot occasion proved to be a must try wonderful experience, which is a privilege for all participants that can thus gain the skills and the learning of professional experience in the arbitration field which offers few such chances, being a confidential dispute resolution process. Mooting is one of the most compelling and effective forms of learning by doing process and an advocacy skill learning tool, especially for trial advocates.

I will always cherish the week before Catolic Easter, in Vienna, a city dear to me, which represents a true pleasure of my professional year and both a professionally rewarding and hugely enjoyable event. For me, Vis Moot will always bear the patronage, emblem and legacy of Prof. Bergsten, the mentor, brain and the soul behind this event, a great man of his generation, who deserves, beside my humble tribute, the consideration, respect, and gratitude of all the arbitration and legal community.

With my warmest wishes,

Conf. Univ. Dr. Cristina Florescu

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USH, Faculty of Legal and Administrative Sciences, Bucharest, Romania Bucharest, 19 February 2023

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FROM VICTORIA UNIVERSITY OF WELLINGTON VIS MOOT FAMILY BUILDING MINDS, BRIDGES, AND CAREERS: FROM AOTEAROA, THE LAND OF THE LONG WHITE CLOUD VIA AUSTRIA, THE LAND OF CASTLES AND PALACES TO THE WORLD, A PLACE OF BOUNDLESS ARBITRATION POSSIBILITIES.

Nearly every year since 1996, 18,141km away, on the other side of the world, from Vienna and Sacher Torte & Wiener Schnitzel, in New Zealand’s windy capital of Wellington and Pavlova & lamb roast Victoria University of Wellington’s law students have embarked on an experience of a lifetime to become part of the global but also VUW Vis Moot family. The below reflections stand for what the Vis Moot and Professor Bergsten has meant to us: The Vis Moot set me on my path as a ‘hybrid’ lawyer – comfortable in my domestic legal system, but also able to see and analyse the same problem through other, including international private law, lenses.

Lawyering in this way is like speaking more than one language and is a great gift, enriching both perspectives. (Daniel, Vis Moot 1996/97).

The Vis Moot was easily the most demanding and rewarding part of my law school experience. It provides invaluable advocacy training the likes of which you’ll find nowhere else as a student. Anyone considering a career in dispute resolution should do this. (Tom, Vis Moot 2005/6).

Participating in the Vis Moot provided excellent advocacy training and an opportunity to meet experts and

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students from around the globe with an interest in international commercial arbitration. Watching the arguments develop as the competition heated up and seeing the strong camaraderie among teams, I count the Vis Moot as an absolute highlight of my time studying law. (Catherine, Vis Moot 2007/8).

The Vis Moot opened my eyes a world of advocacy, guided by inimitable Dr Petra Butler, through late night strategy sessions with brilliant colleagues and coaches, leading to incredible experiences across Europe, and ultimately a career in international arbitration (via a memorable horsedrawn carriage around Vienna)! (David, Vis Moot 2008/9).

I was 21 years old and had barely been outside of New Zealand when I participated in the Vis Moot. It was the best experience of my young life. I got to travel for 6 weeks making so many friends and becoming a compelling oral advocate in the process. I was incredibly depressed when it was all over. (Alexandra, Vis Moot 2010/11).

The Vis Moot was genuinely a life changing experience. Not only did it provide me with demonstrable technical legal skills, but also a continuing passion to practice in the field of international arbitration. I will always be so grateful 31

to the Moot community, and Professor Bergsten, for stoking that passion. (Sam, Vis Moot 2018/19).

I set foot to the Dachgeschoss for the first time in 2003 and have been back every year without fail since (except when COVID interfered). I have waltzed in Café Central, danced through the night more than once and had breakfast coming from the farewell party at the Naschmarkt, visited the famous sights, have seen my students having the time of their lives, have seen emotions flying high, have coached, have arbitrated, have contributed to the Vis Moot problems but first and foremost, like my students, I have made life-long friends and have made Vienna home for the week before Easter- and for that I am forever grateful Eric! (Petra).

Ending with VUW Vis Moot family motto: “You can check out any time you like- But you can never leave”.

The 2018/19 Vis Moot team with Daniel Kalderimis, member of VUW’s first Vis Moot team in 1996/97 after a practice moot.

Victoria University Of Wellington Vis Moot Family 32

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FROM KAREN CHUKWU My team and I from the University of East Anglia participated in the 24th Willem C Vis International Commercial Arbitration Moot. At the time we had started drafting our Memorandum and submitting other legal documents for the moot, I was just a 19 year old LLM student.

This competition taught me the value of teamwork, legal research and advocacy. Going to Vienna to represent my University stirred an inward desire to pursue Commercial Arbitration even more. The oral hearings, networking, team bonding exercises etc. created a remarkable experience for me.

In 2020, I joined the same competition but this time as an Arbitrator.

The Willem C Vis moot has impacted my legal career greatly by exposing me to real life experience as well as connecting me with like-minded arbitrators and coaches and I will be forever grateful for this opportunity. I hope that this competition continues to run and support other young arbitrators across the world to learn and imbibe the spirit of team work.

Karen Chukwu Founder/Managing Partner of Katwig & Dale (Law Firm)

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FROM BHARATENDU AGARWAL Competing at the Vis for Stockholm University was an incredible experience for me. Other than teaming up with people from different nationalities and engaging in diverse cultural experiences, I built lifelong friendships. Even almost a decade later, the memories are fresh. I hope the competition gets even bigger as years progress.

Thankful to Prof. Dr. Eric E. Bergsten for conceptualizing such a grand arbitration celebration.

Warm regards,

Bharatendu Agarwal LL.M. (International Commercial Arbitration Law), Stockholm University B.B.A. LL.B. (International Law) Hons., National Law University, Jodhpur

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(from left to right) - Ms. Marianella Ventura, Ms. Le Liu, Mr. Ulrich Düwert, Mr. Yuning Chen, Mr. Daniel Burghelea, Mr. Arjun Masters, Ms. Maika Grosbusch, Mr. Bharatendu Agarwal, Mr. Fabricio Fortese & Ms. Patricia Shaughnessy

(from left to right) - Ms. Marianella Ventura, Mr. Yuning Chen, Ms. Le Liu, Ms. Cecile Oosterveen, Mr. Arjun Masters, Ms. Susanna Güven & Mr. Bharatendu Agarwal

”

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“

FROM ANNE WANG

I was a mootie in the 27th Vis Moot, representing Stockholm University.

Although that edition of the moot was the first to go virtual, the impact of the moot on me was nevertheless immense and I would like to pay tribute to Professor Dr. Eric E. Bergsten for his contributions as founder of the Vis Moot.

Initially, I had no plans to participate in the Vis Moot as at all. I was at Stockholm University as an exchange student from Australia and was simply looking to have fun on exchange. Little did I know that the most fun I would have would be as part of the Vis Moot team.

Deciding to try out on a whim was the best decision.

I was touched by the support of my teammates and coaches which continued even after I had to return to Australia, where I remained during the oral rounds. I remember receiving a beautiful delivery of

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flowers from our coaches after a particularly difficult pleading. Our team will be forever bonded by memories and memes about wind turbines, Professor John’s expert report and Immediation.

Despite not getting to travel to Vienna, the Vis Moot still made me feel like part of a global community and connected me with students and professionals with similar interests from outside of my home country. Like many others, the Vis Moot motivated me to commit to pursuing international arbitration as a career. When I relocated to Hong Kong for that purpose, I was grateful that the Vis network made me feel welcome. I am also incredibly proud of my teammates, all of whom have gone on to achieve extraordinary things, some under unimaginable circumstances.

My Vis Moot journey is far from over. I am happy to be an active member of the Moot Alumni Association Core Team and look forward to attending my first in-person Vis East Moot as an arbitrator this year.

Happy 30th birthday to the Vis Moot and thank you to Professor Dr. Bergsten!

Anne Wang

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FROM STOCKHOLM UNIVERSITY MOOT TEAM AT 18TH VIS MOOT Dear Prof. Dr. Eric E. Bergsten, Everlasting gratitude from the Stockholm University team and proud holders of Pieter Sanders Award – Best Memorandum for Claimant in 2011.

Behind the scenes as coaches Gretta Walters, Partner, Chaffetz Lindsey LLP, New York; Paul Frankenstein, life-loving lawyer in San Francisco, and Prof. Patricia Shaughnessy, Stockholm.

On a more personal level, thank you, truly, for these friendships formed during the 18th Vis moot and thereafter that cross all borders and time!

Stockholm University Moot Team At 18th Vis Moot

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Daniela Palacios, General Counsel, IA GROUP, the Netherlands/ Ecuador; Ewelina Wętrys, Counsel, DWF, Poland; Heidi M. Paananen, Judge, Helsinki Court of Appeal, Finland; Lilja Gumrich, Business Support Specialist, LanguageWire, Germany and Maria Teder, Counsel, Ellex Raidla law firm, Estonia, all of whom, to this stay, appreciate squid.

”

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“

FROM JAYEMS DHINGRA COMMEMORATING PROF. DR. ERIC E. BERGSTEN

Every individual is uniquely curated and developed by the Lord Almighty the Creator, to contribute to society and humanity. There are few who do exceptionally well, and many others join the race.

Describing individuals by their characteristics and use of adjectives of a language may suffice to write a biography. However, there are few individuals so uniquely created and fashioned that, mere words will only constrain and do injustice to describe their role in shaping the generations after generations, more so when it comes to shaping and inspiring young generations of legal sleuths. Such individuals are a living legend, distinct and wholesome character in themself, known by their legendary works and benevolence. Professor Dr. Eric E. Bergsten, whom I always addressed as Eric, though I am nowhere near his wealth of wisdom, expertise, and circle of friends to be on first-name basis, but because he is so magnificent, that he makes everyone feel like he is his friend. Eric shows special attention to everyone and distances himself from none. Most approachable, no queues, no prior appointments, no security barrier, to shake hand with him! Students from law school’s nursery to supreme court judges and international dignitaries alike feel his warmth and friendship one way or the other.

My first encounter with such humble and top-notch Professor and ex-Secretary General of UNCITRAL, was a shocking surprise when he replied to my introductory email in year 2005, within the same day. I was wondering that maybe his secretariat is very efficient and it is a standard reply to every arbitrator willing to judge a moot in Vienna. I was proven wrong after few swift exchanges of emails. He

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corresponded with me as if he knows me well enough and was inviting me personally to come to Vienna and meet up with him for a cup of coffee. No special protocols, no CPRs and no prior appointments needed! This intrigued me and made me take a special trip to meet Eric in person. I did not realise that he will remember me among the hundreds of arbitrators and participants at that time of the week, so I was prepared to briefly state the email correspondences to introduce myself. I still have that nostalgic feeling of the first meeting in person that, Eric not only remembered each and every email exchange with me but also told me about the schedule he had prepared for me.

This was marvellous! The years have passed since then and I have been meeting him every year. Eric’s memory is of a supercomputer, not only about myself but so many others, I won’t be wrong if I say millions, known to him, has never faded or run out of a storage space.

In the last 18 years Eric has cast a lasting impression on me. I had the pleasure of discussing not only Vis Moot problems but attended several of his lectures filled with wisdom. Eric has been willingly sharing his expertise and never avoided debates on issues of disagreements.

Through discussions, he transferred his wisdom in such a manner that one would immediately see the perspective which was overlooked or not imagined. I never hesitated to approach him directly whether for simple logistics matter or projects of strategic importance. I do repeat that, the words cannot describe him. It is evident from his works, how he has inspired and shaped the future generation of lawyers, coaches, arbitrators, judges, and academia, solely, for more than two decades with the help of his equally dedicated founder members, and lately supported by the brightest and enthusiastic young team of committed directors, which could soon be known as clones or AIs of Prof. Dr. Eric E. Bergsten.

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When I last met him in 2019 before the Covid, he taught me through his usual warm friendly gestures, that age does affect the physical movements but by the grace of God he is keeping very well. In these few words, one could imagine the depth and breadth of his character and strength to stay actively engaged in doing the mammoth work of transformation and inspiration for the young generations, he started three decades ago. I salute him and will always remember him as my inspiration even after I cross my hundredth year. I thank God for strengthening and blessing him with good health and long happy life!

Jayems Dhingra International Chartered Arbitrator Accredited Adjudicator, Accredited Mediator Chartered Valuer and Appraiser (CVA)

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”

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FROM NAZARETH ROMERO

This photo is important for me in my diary Life. Every day I have ups and downs and remembering this moment provides me gratitude, courage and blissful.

Prof. Dª Nazareth Romero Abogada. MCIArb Árbitro. ArbitralWomen Partner Arbitraje - ADR

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FROM JEFF WAINCYMER Dear Eric, When it comes to Vis, I cannot beat Confucius who said, “if your plan is for one year, plant rice. If your plan is for ten years, plant trees. If your plan is for a hundred years, educate a child.” Someone rightly updated the last line, replacing 100 years with “eternity,” understanding that the best of the best will understand what was given to them and then seek to pay it forward. Thank you for emphatically stating that Vis is an educational endeavour. My life choices of course make me biased, but in my view, nothing else has been more profound or potentially impactful in the whole endeavour, if truly respected by the teachers involved.

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I hope you can now relax and enjoy the profound influence you have had in providing a framework for these quotes, ably supported by a range of wonderful women behind the scenes who should also be recongnized, from Lucy Seidl and Brigitta to Patrizia in the present day.

I scoured my resources and happily found photos including one from my first team 30 years ago, and then some others, only one where I could find you, (you spent too much time in the top floor whose name I cannot recall and understandably, for dutiful and self-sacrificing reasons, not enough in Ma Pitom!).

The photos attest to the influence mentioned above, and include at least five current international arbitration partners, one an ex ICC Deputy Secretary General, three MAA presidents, two of the current Vis administrators and one of last year’s finals judges, so there is surely much that has been worthwhile. They also include photos of the incomparable Mike Sher and Al Kritzer who should also be remembered on this occasion by us all.

Congratulations.

Jeff Waincymer

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FROM KYIV NATIONAL TARAS SHEVCHENKO UNIVERSITY TEAM (KNU) Here are some photos showcasing KNU’s journey/ achievements in the 28th (2020-2021) and 29th (2021-2022) Vis Moot.

The photos showcase the major milestones KNU has reached in the named time period. In particular: - in the 28th Vis Moot, the KNU team has become the first Ukrainian team to ever advance to the elimination rounds of the competition receiving the Eric E. Bergsten Award and also securing a Martin Domke Award – Best Individual Oralist (Tetiana Tsurkovska) award.

KNU Team 2020 - 2021

This achievement has highly contributed to the further advancement of KNU team’s – five talented young ladies respective careers in the field of international arbitration (Dina Mazur – currently paralegal at LALIVE, Oleksandra Hnatiuk – currently an LLM student at Humboldt University of Berlin, Valeriia Lobko – currently an LLM student KNU Team Coaches and Student Coaches 46

at Bocconi University, Tetiana Tsurkovska – recent graduate at University of Miami School of Law, and Mariia Kyrylenko – currently an LLM student at Stockholm University); and - in the 29th Vis Moot, the KNU team (Vladyslava Donchyk, Natalia Kichuk, Marta Chernychka, Olha Kaliuzhna and Vladyslav KNU Team 2021-2022 Rudzinskiy), alongside other Ukrainian teams and despite the hardships created by the difficult situation in Ukraine, bravely continued with the preparations and had successfully represented KNU in the competition.

The team had secured 1) a very high ranking amongst all participating teams; 2) two LLM scholarship opportunities to the team’s oralists at the general rounds at the University of Georgia School KNU Team 2021-2022_General Round of Law (Olha and Vladyslav); and 3) were one of the recipients of the Michael L. Sher Award for the Spirit of the Willem C. Vis Moot.

We are immensely proud of the achievements of both teams and stay in constant touch with them, as we have also become good friends.

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We continue supporting and guiding KNU teams in the competition going forward, and look forward to KNU’s further achievements – within and beyond the Vis Moot.

But most importantly, for KNU (I am sure for many others as well) – the Vis Moot is far more than just a competition. It is KNU Coaches Reuniting with the 2020-2021 an opportunity to learn and KNU Team in Vienna grow as a professional and as a person. It is a lifestyle which some of the KNU coaches (Olexander Droug, Victoria Ivasechko, Pavlo Lebediev, Vladyslav Bandrovsky and Leila Kazimi) have been following for more than a decade now and have now introduced it to younger generations of Ukrainian lawyers.

We thereby expend our gratitude and respect to Prof. Dr. Eric Bergsten for creating this life-changing experience for many thousands of students and practitioners, including the KNU team and coaches. We hope this submission could be kindly considered for the Digital Celebration Book.

With warm regards,

The KNU Team and Coaches

KNU Team 2021-2022

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Ukrainian Teams at the 29th Vis Moot_Spirit of the Moot

Ukrainian Teams at the 29th VisMoot

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FROM ANNA MASSER This is the story that I tell everybody who does not want to hear it: When I was a student participant for the University of Heidelberg, we were listening to Prof. Bergsten’s welcome address: “This experience is going to change your life” was one of the main sentences that I did not believe at the time – I was essentially only eager for the pleadings to start and could not get out of the theater fast enough. I came back the year after, partying. I came back the year after, organizing Generations in Arbitration II. I came back the year after, securing my first internship in Switzerland. I came back the year after as a qualified attorney, having been arbitrator since 2 years. I came back the year after and got offered a job in Switzerland. I moved countries and came back the year after as coach of the University of Zurich, working in arbitration. Every single time, Prof. Bergsten said: “This experience is going to change your life.” For me, it did. I am eternally thankful for all that the Moot has offered me and the possibilities that opened up for me. And I am eternally thankful for all the friends I made at the Moot and continue to meet at the Moot, almost every year.

Anna Masser Partner Allen & Overy LLP

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”

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FROM BRIAN KOTICK & CELESTE E. SALINAS QUERO After a decade since we participated in the Vis Moot together, we must confess that we do not recall the pleadings, the arbitrators’ questions, or the arguments of our opponents. What remain with us are the moments in between – the morning walks from our apartment on Kumpfgasse to the classrooms on Schottenbastei, the impressive architecture of St. Stephansdom that felt like walking onto a movie set, the smell of coffee and bread from the Viennese bakeries and the nerves that made these moments all impossible to enjoy. And, once we arrived at our first round – the waiting. Gathered outside the classroom stand coaches and teammates. Voices talking over each other, fine-tuning arguments, and anticipating questions; a hopeful pat on the back and off you go. Then, for us at least, it all goes dark.

When you come to your senses again, the next moment is hugs,

Stockholm University Vis Team 2011/2012 (from left to right): Anina Wissner, Yaroslava Sorokhtey, Brian Kotick, Gunnar Witte, Celeste E. Salinas Quero, Stefan Dudas, and Ragnhildur Ólafsdóttir.

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cheers, and handshakes – many of them from strange faces; all of that accompanied by the short-lived sense of relief of having one less round to plead. Miserable, yet happily accomplished.

Today, the walk is much shorter – counsel walking from their breakout rooms into the hearing room – these moments, also impossible to enjoy. Counsel sometimes even looks quite miserable and yet, after all, happily accomplished. The Vis Moot unapologetically prepares you for that: the long sleepless nights, the hard work, the stress, the nervousness, and the accomplishments.

We will always be grateful for the path onto which the Vis Moot put us. It’s a path that you never should or want to walk alone.

Brian Kotick, Partner, M.B. Kemp LLP Celeste E. Salinas Quero, ICSID Legal Counsel International Commercial Arbitration Law Program, Stockholm University (2011/2012) Participants of the 19th Vis Moot (2012) London/Washington, D.C., February 27, 2023

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FROM WOLFGANG HAHNKAMPER ANNOUNCING THE FIRST BERGSTEN LECTURE EXCERPT FROM A LAUDATIO HELD ON 24.3.2013 IN THE CEREMONIAL HALL OF PALAIS CHLAM – GALLAS, VIENNA

Ladies and Gentlemen, Dear colleagues, It is my great pleasure and honor to serve as laudator today, as an introduction to the first annual “Bergsten Lecture”. The fresh memory of the wave of sympathy coming to Eric in the Konzerthaus the other day, at the opening ceremony, makes my task easy and hard at the same timedifficult.

Who does not know this Professor Doctor Eric E. Bergsten? He is an international person, mastering both parquets: The world of diplomacy and international institutions as well as the academia. (...here followed an overview of Eric’s professional life and achievements, particularly in his role Secretary in UNCITRAL, making reference to the “Vis Book” edited by Janet Walker, with the full story of the Vis told by Eric himself and, for more details, the Liber Amicorum published by Stefan Kröll, Loukas Mistelis, Pilar Perales Viscasillas and Vicky Rogers in 2011).

Subsequent to Eric’s retirement from UNCITRAL, he became a professor at Pace University School of Law In 1991. Soon he noticed and discussed with his fellow professors, that the magnificent instruments of international trade law that were created in UNCITRAL under his leadership remained widely unknown. Michael Sher, at that time representing the New York Bar, suggested that a moot arbitration program be established for students from different law schools should

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compete over one case (“problem”) which would be equal for all, and the pleading to be both in writing and orally.

The first international trade law moot, named after Eric Bergsten’s predecessor in UNCITRAL, was held in 1993 / 1994 and the first case (“problem”) distributed to teams from 11 law schools in 9 countries. (…here followed details of the the Vis Moot’s success story) Ladies and Gentlemen, having mentioned two “parquets” that Eric Bergsten masters - DIPLOMACY and ACADEMIA – I must add a third area where he plays a central role, and it is the FAMILY OF THE MOOT. We all -the students, the coaches, the arbitrators and more – feel at home here. We like being the family members. And Eric Bergsten is rightly called the “Father of the Moot”.

That leads me to quote the Austrian child psychiatrist and novel writer Paulus Hochgatterer who says: “Our duty as parents is to initially take care of the growth and well-being of our children. Later however, once they are halfway grown up, we are to make ourselves redundant.”

Like a real good father, Eric has followed this. Last year, he has handed over the Association’s operational business to Patrizia Netal, Stefan Kröll and Chris Kee as Co-Deputy Directors. And at tomorrow’s Annual Assembly of the Verein, he will step down as the Director of the Vis Moot and stay only as President of the Association.

Ladies and Gentlemen, it is now my pleasure and honor to announce the annual BERGSTEN LECTURE. It will take place annually during the oral hearings at the Vienna Vis Moot and will be organized by the University of Vienna in cooperation with ArbAut. It shall express the arbitration community’s gratitude to Eric Bergsten.

Wolfgang Hahnkamper President of ArbAut, Austrian Arbitration Association

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FROM PILAR PERALES VISCASILLAS WITH GREAT AFFECTION FROM THE ORGANIZERS OF MOOT MADRID

An historic photo, Thanks to Eric´s support Pace University School of Law presented for the first time a team to the Vis Moot (1996-1997).

Eric delivering his own award of the Moot Madrid competition to the best oralist (X Edition, 2018).

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Also a historic one because it is the only one in which we have almost all the chairs of the CISG-AC together, except for Michael Bridge. Eric was a great Chair.

Meeting of the CISG-AC in Vilanova 2005 with all the chairs of the CISG-AC and the great promoter of the initiative Al Kritzer In the photo: Al Kritzer, Ingeborg Schwenzer, Jan Ramberg, Pilar Perales Viscasillas, Eric Bergsten and Peter Schlechtriem

Very honored to have had the opportunity to have Eric Bergsten at the awards ceremony of the X Edition of Moot Madrid. Professor Bergsten’s name will always be linked to the Madrid Moot.

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Eric Bergsten has played a key role throughout his life in promoting the CISG, as well as in training generations of jurists in this field. He has been a source of support, encouragement and a model for those of us who have known him, as is my case since 1995. The Vis Moot is possibly the event that has marked me the most personally and professionally. Thanks to Eric (also Al Kritzer) I had the honor of making my debut at the Vis Moot as coach of the Pace University, which was the first team that this University presented in the competition as evidenced by the photo of the team with Eric corresponding to the IV edition of 1996-1997. From there to my University, Carlos III of Madrid with the proud photo of the winning team of the oral phase of the XV edition 2007-2008 competition (https://semanal3.uc3m.es/perfil_ ganadoresdelmoot.html).

As a reference to follow, the creation of the Moot Madrid had the endorsement and firm support of Eric who did not hesitate to advise us to start it up. We had no doubt that the Best Speaker Award was the finest way to honor his figure. The photo in which Eric presents his own award in Madrid in 2018 (X Edition of Moot Madrid) and the one in which the organizers of the Madrid Moot and members of the Final Tribunal wrap him up are a sign of infinite affection and gratitude towards him.

During almost 30 years, I have had many times the opportunity to learn from Eric, his fine legal sense together with his practical approach to Law, have made me understand commercial law in a different way. It is worth noting his brilliant contributions in the discussions of the Advisory Council on international sales (CISG-AC), including his presidency of the Council. The (historic) photo where all those who have held the position appear, together with the promoter of

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the initiative, Al Kritzer, except for Michael Bridge, in order, Ingeborg Schwenzer, Jan Ramberg, Pilar Perales Viscasillas, Eric Bergsten and Peter Schlechtriem, which corresponds to the CISG-AC meeting in 2005 at Villanova University (USA) symbolizes the mark that his figure left among all of us.

Pilar Perales Viscasillas Catedrática de D. Mercantil y Directora Escuela de Derecho Co-directora Cátedra Deloitte Legal-UC3M Derecho Empresarial Directora del Master en Abogacía Internacional Universidad Carlos III de Madrid Departamento de Derecho Privado

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FROM MARGARET L. MOSES I have been an admirer of Eric’s for many years. When I first wanted to teach a course based on the Vis Moot at my university, Loyola University Chicago, I sought and received his agreement that this was permissible. Then I had difficulty finding materials that I thought would work well in the course. So I wrote my own. The first edition of my book, Principles and Practice of International Commercial Arbitration, was published by Cambridge University Press in 2008, and I asked Eric if he would write a Foreward.

He wrote a very thoughtful and positive piece. Near the end, he mentioned the Willem C. Vis Competition as a good introduction to international arbitration, and suggested that this book would be helpful to students to learn more about arbitration. As it happened, an Iranian student, Ali Dehdashti, read Eric’s Foreward, and was curious to learn more about the Willem C. Vis competition. He investigated further, and ultimately became the coach of an Iranian team that competed in the 22nd Vis Moot. In its first year at the Vis Moot, the Iranian team won the Spirit of the Moot award.

Thanks to Eric’s efforts and accomplishments on many different fronts, thousands of students have had an experience that was both educational and personally rewarding through their participation in the Vis Moot.

Margaret L. Moses Mary Ann G. McMorrow Professor of Law Loyola University Chicago 60

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VIS MOOT SPRING 2016 BROOKLYN LAW SCHOOL

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VIENNA VIS 2017 - FROM THE BROOKLYN TEAM - SPRING 2017

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VIS MOOT SPRING 2018 BROOKLYN LAW SCHOOL

Terry Frederic receiving best oralist award

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FROM YUKTA JOSHI

A memory of Vis moot where I served as one of the Arbitrators in this hearing.

Adv. Yukta Joshi Dispute Resolution Lawyer India

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FROM SOUSENA KEBEDE, REDIATE MULUGETA & IDA PERNARELLA With gratitude to our Professors of Law and University teams in Italy (Università Statale di Milano ) and Ethiopia ( Addis Abeba Unibersity ) that made it possible for us to join and be in Vienna for the Vis C. Moot Competition and to the Honourable Founders and Organizers.

We were also honoured that the Vienna VisMoot made personally our lives cross at the Juridicum in 2012 with many colleagues from around the world.

Sousena Kebede and Rediate Mulugeta (Vienna Vis Moot Mooties 2012 ) were born in Addis Abeba and as Ida Pernarella ( mediator and at preMoots- Moot coach and arbitrator ) were also educated in Ethiopia and specialized abroad.

This coincidence might seem of no value but it was for us. We knew how grateful we were for each conference and hearings to listen to in Vienna. Knowledge and respect, comprehension and encouragement.

Standing figures of professional arbitrators and professors all along were present to contribute.

The competition has been a very valuable moment to remember and to follow and share since then. We made our paths along our qualified professions as mothers and as a grandmother. In Italy and in the United States of America. “ Thank you,

Sousena Kebede Rediate Mulugeta Ida Pernarella

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FROM IDA PERNARELLA I hesitated to send you the memory but then I recalled an answer from Prof. Bergsten to my concerns about how difficult it would become to me in the future to follow the Moot.

He replied: “Why?” That question concentrates in within the research of an answer.

Why and if not, why not.

I felt that our memory of the Moot is an answer to that “why“ to remember is to keep alive even in overcoming difficulties and if not, why not?

The Vienna Moot is still a unique experience for the future.

Thank you, Ida Pernarella

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FROM WOLTERS KLUWER TRIBUTE TO PROF. ERIC BERGSTEN AND THE VIENNA MOOT

The Willem C. Vis or Vienna Moot has not only attracted and impacted the generations of young lawyers who competed there. In fact, it has also influenced several generations of Wolters Kluwer colleagues, who all attended the Vienna Moot to network with arbitration experts and to present our products. The contributions below bring together the fond memories that we at Wolters Kluwer have of the Vienna Moot and of Prof. Eric Bergsten in particular.

1. My first memory of the Vienna Moot is ‘second hand’. In 1996 I was on maternity leave and my assistant Marlies Bull attended the Moot.

As a 22-year-old recent graduate she loved the Moot, hanging out with the students, but also representing Wolters Kluwer. Since then, we have never missed a year and have seen the Moot grow from a competition among just a handful of universities to the huge event it is now.

A big glass building, painted eastern eggs in the streets of Vienna, excited students and a kind man with grey hair at the epicenter: this is how I remember Eric and the Moot. I myself attended the event when it was still relatively small. Our booth with books was well-visited and sales were good. We got our first leads for Kluwer Arbitration and

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many suggestions for further development of this then new research platform. The Moot was a great place to discuss ideas with (potential) authors, as so many eminent arbitration experts were present, either coaching or judging the students. And even though Eric was very busy, he always had time for a chat with us, asking us whether we needed anything.

The Vienna Moot is special because of the students who often fell in love with international arbitration at the event and decided to make a career in this field. To develop such a life-changing event in the way that Eric has is an enormous achievement. The arbitration community cannot thank Eric enough for his initiative!

Gwen de Vries 2. At the time I am writing this (it is February 2023) the upcoming Moot for 2023 is the 30th. This means the first Arbitration Moot was in Vienna in 1993. In my personal notes I see that Kluwer Law & Taxation Publishers was present for the first time in 1996. As a sponsor and an exhibitor. So this means I have actually been at the Moot 20 times. I can walk the streets of Vienna without a map and can give you advice about some very good restaurants. (I retired from Kluwer in 2016, as the Sales & Marketing Director) For quite a number of years Kluwer was in fact the only exhibitor present. In the beginning there were some 30 teams. So it was a very small competition. Kluwer published the first ICCA Yearbook Commercial Arbitration in 1976. So Kluwer had already been actively publishing arbitration publications for quite some time.

I met with Eric a number of times during his UNCITRAL days. He is the one who founded the Moot after he left as the former chief of

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UNCITRAL. And the basis of this whole idea was of course the Uniform Law for International Sales.

Eric is a charming man, very much down to earth and so very much driven by helping students build their future. And because of his background and his career at UNCITRAL he obviously was the ¨thinker¨. He was the one who came up with the ¨problem¨ he wanted the students to work on. And to prepare to compete against students from all over the world.

Eric was also very much a hands-on person. There was always time for a chat and to think about a solution for an issue. At one point I said to him that it was a shame to send books back to our warehouse in the Netherlands. Since we would need them back after a year he offered to store our boxes in his garage. And we engaged the transport department from the Manz publishers to bring the books, and collect them again after the Moot was over.

All the best Eric!

Best wishes,

Marcel Nieuwenhuis

3. I started working with Wolters Kluwer (WK), 16 years ago, just before the 2007 Vis Moot. And it was either that year, or the following, I was asked to attend and ‘man’ our WK stand. I didn’t know what to expect but as soon as I arrived, I realized what a big deal the Moot was. I think at that point, approx. 200 teams competed – how times have changed since then!

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The buzz around the Moot was very special. Teams busily discussing their case strategies over coffee, networking with fellow students from across the globe (many developing lifelong friendships and working relationships) and gaining inspiration from the many arbitrators in attendance.

What a fantastic and career-inspiring initiative Eric and what a great host you, and Vienna have been. It has truly impacted the lives of so many. May it continue to inspire future arbitration practitioners for many years to come.

Eleanor Taylor

4. Dear Professor Bergsten, When I first attended the Vis Moot together with Marcel Nieuwenhuis, many moons ago, you were still very much involved in the day-to-day organization of the event, despite already having retired. You were instrumental in getting publishers like Kluwer to attend and to display their publications, convinced that it would enrich the experience for the students and would in time help them progress as arbitration specialists, should they so desire. I recall that during the first years, books were even stored in your own garage! In gratitude for your efforts, we had the pleasure of publishing your Liber Amicorum in 2011, edited by Stefan Kröll, Loukas Mistelis, Pilar Perales Viscasillas and Vicky Rogers; I still remember the presentation in the Wiener Konzerthaus and the joy on your face – priceless!

Over time, work was delegated to others, but you remained a constant and binding factor. Ever a gentleman, you always make your rounds, checking to see all was in order and to everybody’s liking.

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Your kindness, friendliness, attention to detail and concern for the students is heartwarming and endearing. I always smile whenever there is a discernable hubbub in the Dachgeschoß of the Juridicum – the Professor had arrived! Always patient, always keen to listen to the experiences of the students, students flock to you and listen while you regale them with war stories from the past. I can safely say that you have become part of the Vienna Moot Experience, thank you for making my own unforgettable.

Vincent Verschoor

5. Being with the Kluwer family for many years, I remember Marcel Nieuwenhuis went to his 1st Moot and came back with all these exciting stories about the concept and student teams competing. Over the years, I could see the VIS Moot growing and even expand to Hong Kong. I attend the 2nd VIS East Moot in Hong Kong and finally got to feel the excitement of the Moot.

For the Vienna VIS Moot, I had to wait until 2015 but finally I got to go and man our table with my colleagues. I could not be more excited, after all these years of hearing about it, I got to experience it! During the Friday morning set up, I could already feel the excitement and Saturday morning at 7:30am it started for me. What an absolute joy to be surrounded by students, Professors and practitioners. Not to forget to meet long-term authors and customers that I have been in contact with for so many years already but never met.

The interaction during breaks was so much fun, hard work for us manning the table but watching the teams analyzing, asking questions to the Professors and practitioners around, running to our table to check some of our books and hoping to find some answers or confirmations that would help them.

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You can tell that the Vienna Moot is a family: arbitrators are coming back each year, students who participated become team coach or arbitrator. Some of them became personal friends.

Dear Eric, it was a true pleasure meeting you over the years.

THANK YOU! for founding the Moot in 1993. It has enriched my life so much both professionally as personally.

Linda Damen

6. Dear Professor Bergsten, I was quite young when your brainchild – Vis Moot – was born. That’s why we never met each other in person. However, the real impact of Vis Moot on my life can hardly be overestimated. My team took part in the 23rd edition of the competition in 2016. We were young and naive; we didn’t have enough legal experience. And suddenly we got into the real world of law, with international liaisons between businesses, many prominent lawyers, and unforgettable atmosphere.

Although we weren’t successful, this was my first step into the world of arbitration and international business law.

Since then, I have worked on many multi-million-dollar international transactions, completed my (second) master’s in international law, and finally joined a large international company where my passion for arbitration is applied and helps others around the world. Could any of this have happened without your groundbreaking idea that grew into the greatest moot court ever? Definitely, no; and I am incredibly grateful for your indirect contribution to my life.

Warm regards,

Rostislav Kats 72

Wolters Kluwer

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FROM RONALD A. BRAND Dear Eric, So many great memories you have provided and so many students you have taught, both directly and indirectly. Your guidance of the Moot from the earliest stages was genius – always focusing on education over competition, and making sure that high intellectual content was combined with good times and the opportunity to meet great people.

I especially appreciate that you spent time with us at the University of Pittsburgh during which you committed to a speech and to writing your own thoughts and purposes behind the Moot – which is available for all at 34 JOURNAL OF LAW AND COMMERCE 1 (2015). That exposition is a recipe for the best in legal education. I’ve provided some photos of that event when you delivered the McLean Lecture on World Law, met with a group of our Pit Law Vis Alumni who admire you so much, and made a side trip to Fallingwater.

I also appreciate the way in which you were never the Wizard of Oz behind the scenes, but always available to students. I’ve provided some photos as well to demonstrate this side of your life in the Moot – and I can’t help but note how it seems you always had your photo with the beautiful young women of the Moot.

As I write this, I’m packing to leave for Abu Dhabi, where we will be training students from 17 Middle East countries for the Moot. We have used the Moot at our Center for International Legal Education to

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develop curricula throughout the world at law schools in countries in transition.

Thank you for creating what I truly believe to be the single best platform for legal education that exists anywhere in the world – and for doing it always with a smile and a focus on the people involved.

Warmest Regards, Ronald A. Brand Chancellor Mark A. Nordenberg University Professor John E. Murray Faculty Scholar Director, Center for International Legal Education University of Pittsburgh School of Law

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FROM PHILIP RAY ERIC BERGSTEN’S DIGITAL CELEBRATION AT 30 VIS MOOT IN VIENNA

Since the 17th Vis Moot, I was coordinator for Siemens AG Legal’s Vis Coaching Team in Erlangen, Germany.

After my retirement from Siemens in 2012, I recall two highlights from my first Opening Ceremony at 20th Vis Moot in Vienna when Eric named as his successors the current three Vis Directors: 1. Eric’s emphasis on education over competition (as expressed Vis Rule 3); and 2. Videos showing how personal relationships developed during prior Vis Moots had created an ever-expanding global support community.

Subsequently, in 21st Vis Moot, as coach of my alma mater University of Georgia (UGA), and in 22nd and 23rd Vis Moots, as coach of Iran Vis pioneers, Eric revealed how he told his wife, Brigitta, after 1st Vis Moot: “At least, it was not a failure.” After 22nd Vis Moot ceremony announcing teams advancing to Elimination Rounds, Brigitta empathized with the Iran Vis pioneers for not advancing: “As a teacher, I feel your pain”. She advised them to persevere which they did in 23rd Vis Moot, advancing to the Elimination Round of 64 against UGA. In celebration of Eric at this 30th Vis Moot, I express my deep gratitude to Eric and Brigitta, “Two Vis Moot Hearts”, for fostering the extraordinary Vis education globally for students, coaches and arbitrators that benefitted the “Long and Winding Road” of the First Iran Vis Team (https://www.arbitralwomen.org/wp-content/ uploads/2018/02/16052025283375.pdf, page 33).

By Philip Ray FCIArb, https://philray-idr.com/en/

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CAM-CCBC AND OF ALL BRAZILIAN TEAMS On behalf of the CAM-CCBC and of all Brazilian teams, We thank Professor Eric Bergsten for every opportunity we have to be in his company. His bright and incredibly admirable personality have been consistently bringing us joy and he has notably made an impact on all of our lives, forever changed by the Vis Moot.

We have had the pleasure to be around Professor Eric Bergsten on many occasions in Vienna. But most importantly, we will always cherish the special times we had with him here in São Paulo, Brazil, when he graced us with his presence inaugurating the first edition of the CAM-CCBC Arbitration Congress, which has now been around for 10 years.

Prof. Bergsten during the CAM-CCBC dinner at the Schloss Belvedere (Vienna) during the 2017 Vis Moot week

Thank you, Professor Bergsten, we will be forever in debt to you!

CAM-CCBC, Brazil

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Prof. Bergsten, Luíza Kömel (CAM-CCBC’s Dep. Secretary General) and the University of São Paulo’s team at the Closing Ceremony in 2010

Prof Bergsten participating in a panel at the 1st CAM-CCBC Arbitration Congress in São Paulo, Brazil in 2014

Prof Bergsten participating in a panel at the 1st CAM-CCBC Arbitration Congress in São Paulo, Brazil in 2014

Prof Bergsten receiving an honorary plaque from the Association of Brazilian Arbitration Students during the 1st CAM-CCBC Arbitration Congress in São Paulo, Brazil in 2014 78

Prof. Bergsten at the CAM-CCBC dinner at the Palais Coburg (Vienna) during the 2014 Vis Moot week

Prof. Bergsten, Frederico Straube (CAM-CCBC’s President at the time), Martin Hunter and Brazilian representatives Leandro Tripodi and Gerson Damiani at the CAM-CCBC dinner at the Palais Coburg (Vienna) during the 2014 Vis Moot week

Prof. Bergsten, his wife and Loukas Mistelis at the CAM-CCBC dinner at the Palais Coburg (Vienna) during the 2015 Vis Moot week

Prof. Bergsten and Prof. Christopher Kee at the CAM-CCBC dinner at the Schloss Belvedere (Vienna) during the 2017 Vis Moot week 79

Prof. Bergsten’s table at the CAM-CCBC dinner at the Palais Coburg (Vienna) during the 2014 Vis Moot week

Prof. Bergsten, Brigitta Bergsten, Prof. Stefan Kröll, Carlos Forbes (CAM-CCBC’s President at the time) and Luíza Kömel (CAM-CCBC’s Dep. Secretary General) at the CAM-CCBC dinner at the Schloss Belvedere (Vienna) during the 2017 Vis Moot week

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