Ukrainian law students competing in the 11th-annual Ukrainian Philip C. Jessup International Moot Court competition got more than they bargained for with the announcement of the winning team
English-speaking Ukrainian law students competing in the 11th annual Ukrainian Philip C. Jessup International Moot Court competition Feb. 17-19 got more than they bargained for when the announcement of the winning team, which will represent Ukraine in the World Championships in Washington, D.C. this spring, brought calls of biased judging from the second place team and an appeal to the national and international administrators of the competition.
A real life experience
The competition, held at the Supreme Economic Court of Ukraine, felt like a true court room experience, as competition proved as fierce in the mock trial as in any of Ukraine’s actual high profile legal battles.
The 2006 competition is not the first one to have a controversial ending, but it does seem to be the first time an appeal has caused such an uproar. The team appealing the decision insists they should have won.
The two finalists, Donetsk National University as the appellant, and the 2005 winners Kyiv International University, the respondent, were representing different sides of a mock conflict concerning a joint venture between two companies: one private, one state-owned. The case involved repercussions of the activities of the venture for a local community, with the main issue being that of multinational corporations’ involvement in human rights violations and sovereignty over natural resources.
“Both teams showed the ability to think on their feet, ingenuity and a clear understanding of the law,” said Petro Morgos, the judge presiding over the final round, before announcing the winner of the final.
He lauded both teams for their efforts, and then gave the panel’s decision: The appellant, Donetsk National University, was declared the winner. Silence filled the hall before scattered applause began.
As representatives from Magister & Partners, the principle sponsor and national administrator of the event, began distributing book prizes to the winners, including English language dictionaries and study guides, dissent emerged from the Kyiv International University side.
“We want to appeal the decision of the judge,” said team coach, Ivan Korotkov.
When Morgos said that the panel’s decision was final, an unidentified supporter of the KIU addressed the judge from the audience: “How can it be? You saw the reaction … when you announced your decision. There was silence.”
While there was dissatisfaction with the judge’s decision, Magister & Partners representatives continued to announce other recipients of the awards to be presented. The team from Kyiv International University was awarded as having the best written plea of a case, and Olha Berlyuk of Kyiv Mohyla Academy was recognized as the best oral speaker.
Yet it remained unclear to many of the participants who the final winner was.
KIU appealed the results to the head of the International Law Students’ Association in Washington, D.C.; which manages the contest; and to the national administrator Magister & Partners.
On Feb. 21, Magister & Partner officials told the Post that ILSA had denied the appeal.
High stakes
The stakes were high. The Jessup Competition, founded in 1959, is one of the most prestigious international law moot court competitions in the world. It also claims to be the largest moot court competition of any kind: more than 1500 students from over 300 law schools participate each year.
Hours before the controversial finish, lawyers praised the role of the competition in developing Ukraine’s top talent.
“The Jessup represents teamwork,” said Oleg Riabokon, managing partner of Magister & Partners, the firm which has been administering the competition in Ukraine for the past four years, as he addressed those present prior to the start of the final round of competition.
“It’s about how you cover the weaknesses of your teammates, and how your teammates cover your weaknesses,” he added, citing the personal experiences of his firm.
Oleksy Reznikov, a high profile lawyer who represented Viktor Yushchenko’s case in the Supreme Court during last year’s presidential election poll gave a pep talk to competitors before the final round.
“An attorney is an attorney and tries to do the best possible job representing their client, and will accept the outcome,” Reznikov said, one of the two leading partners of the Pravis lawfirm, which currently represents the interests of Ukrainian business tycoon Viktor Pinchuk.
In 2003, four teams competed. Six teams from five cities took part in this year’s competition.“I sincerely hope that next year there will be over 10 teams competing in the Ukrainian National Championship, and then, according to the Jessup official rules, we could have two representatives from Ukraine who will compete in the International rounds for the title of the world’s champion,” said Klavdia Shevelyuk, an employee at Magister & Partners who serves as the competition’s coordinator.
