On 9-10 December 2023, a team of twelve law students represented Australia at the Intercollegiate Negotiation Competition, Japan’s peak mooting competition, hosted by Sophia University in Tokyo, Japan. Composed of seven law students from ANU, four from the University of Sydney and one from the University of Technology Sydney, the team competed in two phases of competition – an arbitration moot and a mock commercial negotiation. During each phase, team members demonstrated their legal prowess, oral advocacy, commercial savvy and inter-cultural negotiation skills in front of judging panels composed of esteemed industry professionals from around the world. 

The team came Runner’s Up, placing second overall, guided by ANU College of Law Lecturer James Fisher, with Aislinn D’Arcy (ANU) as Team Lead, Daniel Marns (ANU) and Lucy Skeldon (ANU) as Arbitration Co-Leads, Jesika Cane (ANU) and Michelle Chen (USyd) as Negotiation Co-Leads, along with Daniel Hu (USyd), Kai Mitchell (ANU), Conner McKillop (ANU), Kim Nguyen (USyd), Sean Yalcinkaya (USyd), James Boyd-Clark (ANU) and Harry Lidbetter (UTS). Their impressive achievement reflects the team’s hard work, collaboration and dedication. Team Australia also received the ANUJeL Award for Teamwork and Team Spirit, highlighting their close-knit bond formed over the course of the competition. 

This year, competition focused on lunar exploration and satellite technology, which made for a fascinating preparation process. A mock set of contracts governed by the UNIDROIT Principles of International Commercial Contracts formed the basis of the arbitral dispute, and a 50+ page hypothetical scenario informed the scope of the mock commercial negotiation. The team met weekly throughout Semester 2 2023 to develop the necessary technical skills and legal arguments. In a manner unique to this competition, students combined commercial acumen with legal understanding to create persuasive arguments and sensitively navigate the inter-cultural elements of an international commercial negotiation. Each team member specialised in their allocated role while supporting their fellow team members to ensure cohesion and consistency. Read the 2023 problem.

In the lead-up to the competition, the team submitted an Arbitration Memorandum, Counter-Memorandums, and a Negotiation Explanatory Memorandum detailing their legal arguments and negotiation strategy. Practice negotiation rounds were conducted with Sophia University and the team received valuable feedback from HDR candidate Abdul Mu’iz Abdul Razak, as well as from Team Australia alumni Isabella Keith and Irene Ma. Mock arbitration rounds were overseen by Luke Nottage, Professor at Sydney Law School, Nobumichi Teramura and Inma Conde as well as Ben Hines, Eriko Kadota, Orian Ibraheim and Siena Hopkinson (also Team Australia alumni). The team is deeply grateful for the extensive feedback from such esteemed academics and peers. 

The team landed in Tokyo on 2 December and spent a week of intensive preparation at Sophia University refining their arguments and strategy. At the end of the competition, participants networked with lawyers, academics and arbitrators at the Closing Ceremony and celebratory tea party. Team Australia visited the Tokyo offices of Linklaters and DLA Piper to learn more about life as international commercial lawyers from past competition alumni and their colleagues. They also received a private tour of the Japanese Supreme Court. This competition has an incredible legacy among Australian lawyer alumni, and the team looks forward to continuing this collegial tradition. 

ANU law students receive course credit and financial support (New Colombo Plan scholarships) for their participation in this competition, and anybody interested in international legal practice, arbitration or international commercial contract law is strongly encouraged to apply for future competitions. 

Comments from ANU law students:

Aislinn D’Arcy, Team Lead

“The INC is a chance to work with talented, motivated law students on complex issues in international commercial law as well as develop cross-cultural negotiation skills while receiving tuition from some of Australia’s finest academics and practitioners. The connections I have made with students, industry professionals and academics have already proved incredibly valuable and it’s an honour to be part of such a legacy.”

Daniel Marns, Arbitration Co-Lead

“The competition gives you the opportunity to develop a great bond and camaraderie with a group of likeminded law students. The spirit of team Australia is unmatched and it’s an experience I would highly recommend to any ANU law student.”

James Boyd-Clark

“The INC has been the single most immersive experience of my law degree so far. The experience is intense. I was fortunate to work with some of the most talented and highly motivated individuals at ANU in putting our classroom theory into practice. Over the course of months, we were collectively able to create a performance that I am truly proud of, as well as memories that I cherish. The INC is a challenge, but a hugely fulfilling one, and I would highly recommend it to anyone who would like to push themselves, see Japan and make some new friends along the way.”

Kai Mitchell

“My favourite part about representing Team Australia was the opportunity to meet and bond with other law students that shared my interest in negotiations. By the end of the competition we had become a very close knit group and it made the experience all the more enjoyable.”

“The INC was a unique opportunity to experience cross-cultural negotiation at a high level. The skills I learnt have opened up further competition and professional opportunities for me. As someone who wants to work abroad, I couldn’t be more grateful.”

Lucy Skeldon, Arbitration Co-Lead

“The INC competition provided a rare opportunity to work collaboratively and creatively in a Japanese commercial context. I now have a deeper understanding of cross cultural business practices and a strengthened awareness of the value of arbitration and negotiation in effective international dispute resolution.”

Conner McKillop

“When I reflect on the INC, I feel nostalgic. Yes, it was challenging but it was also extremely fulfilling. It’s hard to explain, but there is an innate feeling of camaraderie when you are 8,000 kilometres away from home preparing oral submissions at a Starbucks. I second everything that my teammates have said, the professional development that this course brings is unrivalled and the professional opportunities are real. Since competing, I have mooted in Paris and undertaken an international arbitration internship in Singapore. Had it not been for the INC I would not have left Australia.”