Vienna Waits For You: Reflection on my Vis Moot Journey
By Kirabo Fortunate
Makerere University Vis Moot Team Member
Participating in the 30th Willem C. Vis International Commercial Arbitration Moot was one of those opportunities with an impact unimaginable until I experienced it. Riding on only the desire to improve myself, I was catapulted into a series of events that form the body of experiences that I reflect on today. Few educational events, in their promise of learning and mastery of skill, strike such a balance between learning and fun as the Vis Moot. It is no surprise that I approached every Vis Moot experience with the eagerness and wonder of a child. To have been selected as part of the team representing Makerere University in the Vis Moot was a spotlight of its own, but to have been part of the cohort marking the Moot’s 30 years of existence and a record-breaking African participation is something I will forever be proud of.
Thus, in this reflective essay, I highlight key moments and impressions and lessons that form part of the person I am today. From the selection process, Africa in the Moot trainings, memorial writing, the East Africa Pre-Moot in Nairobi and oral preparations to Vienna (a marvellous city to which I attribute my incurable nostalgia), I express deep appreciation, determination, resilience and gratitude for the lessons that I learnt about diversity, family and networking. I am warmed by the thoughts and love of my dear teammates, coaches, colleagues, friends and family, who effortlessly and selflessly accompanied me on this wondrous journey.
I am deeply drawn to the new family and community I currently belong to – Africa in the Moot (Vis Moot family). To have effortlessly acquired the fondness and support of people committed to see me become a better version of myself is an impression that has left an indelible mark on my sense of self. Africa-in-the-Moot, an organization committed to increasing African participation in the Vis Moot, was a reliable companion on the Vis Moot journey. It is not in the hope to increase participation that their companionship was indispensable, it is in the greater heights they have taken to extend the benefits of the moot to those whose access is impeded by financial challenges and lack of proximity.
In a world marred by inequality, such generous acts might be a drop in the ocean, but it is in the inherent nature of generosity that even the smallest drops have ripple effects. Therefore, I consider the work done by Africa in the Moot and its partners, on a wider spectrum, an act of social and economic justice.
My association with Africa in the Moot came along with both learning and meeting new people. On top of the knowledge in international arbitration that was bestowed upon me, I also came across influential people that I would not, even in my wildest dreams, have met. It is not every day that I meet the authors I read authoritatively in my academic work. So, when I had a virtual education session with Prof. Gary Born (a leading scholar of international commercial arbitration), I was filled with excitement. Such a moment was a reflection of the humanity that lurks in black letters of written texts, and a challenge to dogma. Getting to see the humanity of those that have established themselves as authorities in knowledge is a tool not only for critical thinking, but also a highlighter of the biases and assumptions inherent in an author’s ideas influenced by their life background and experiences.
My observations were not limited to those who led the sessions, I was also inspired by the individuals in Africa in the Moot who organized the education series. The realization that they volunteered to do so on top of their demanding careers was a gesture in sacrifice as well as a lesson in resilience and determination. I would not have had a better source of motivation than this. It is these sacrifices that fuelled my determination and grit to follow the course of the Vis Moot to its end, even in times when it seemed impossible to do so. It is their efforts that made participating in the Vis less burdensome than its demands and intensity call for. Thus, when the moot problem was delivered, navigating it was as easy as watching my favourite movie.
The process of memorandum-writing was not only a learning experience but also a reminder of the fundamental nature of language in supporting our causes. As we employ language to make arguments for Claimant and Respondent, we also inadvertently support our values and beliefs. It requires a mastery not only of writing, but also in the workings of research. In real life, it has practical implications. Words and hours of research are put together to set people free; to achieve social justice, and perhaps bring back the dead. Therefore, when we were confronted by the case between Drone Eye Plc and Equatoriana Geoscience Ltd, it was not simply taking up two warring parties.
In essence, we were not only supporting years of technological advancement improving surveillance and data collection, but also, we were witnessing a country’s desire to provide better services to its people through economic development entangled in the vices of bribery and corruption. Equatoriana’s problems were not far-fetched. They are a reality in so many African countries, including Uganda. Thus, I do not take lightly the experience and skill of writing the Vis Moot furnished me with, as it is a transferable skill to many spheres of my life, especially while using the law as a tool for social and economic transformation.
My memoranda writing experience was a furnace where the hardest diamonds are made while balancing the demands of the moot and other academic activities. The fact that at the time I was part of the Law Clinic – whose intensity and practicality demanded more of my time as much as the Vis Moot did, compounded the experience. Since the little time available would be shared between reading and researching for the moot problem and academic assignments (in most cases at the expense of a good night’s sleep), I was on edge and stretched beyond my limit.
I had an exam the day after submitting the Respondent memo, whose preparation I started at 3 a.m. At that point I questioned why I subjected myself to that kind of experience. Looking back, I am proud of having persevered. That moment is a reflection of my ability to stand through raging storms.
When I reflect on my time in Nairobi for the East Africa Pre-moot, I am reminded of Maya Angelou’s words: “we are more alike, my friends, than we are unalike.” Diversity has, since time immemorial, fuelled conflicts but at the same time has been a source of strength that has seen the world through its worst. I have come to realize that it is only through our unique differences that we can contribute fully to bettering this world.
To appreciate this, one has to fully understand and be empathetic towards the differences exhibited in the unique historical experiences, cultures, and languages in this wide world. The Vis Moot collects people from Europe, North and South America, Asia, Australia and Africa. For those who have had the opportunity to interact with cultures beyond their immediate environment, the diversity continues, even within smaller groups.
For Africa in particular, there are 54 countries with numerous ethnicities, tribes and languages. In Uganda alone, there are over 50 tribes and over 70 languages. This is a clear example of nuanced diversity. Therefore, I reflect upon the 2nd Annual East Africa in Nairobi as an opportunity to experience (away from the African identity and histories we share) the unique cultures of Kenya, and the other 5 nations represented by Africa in the Moot teams participating the event
From the perspective of the Vis Moot preparation, Nairobi was a moment of restoration of hope and building capacity. Prior to setting off for Nairobi, I had one virtual practice round during which I discovered I had to understand both Claimant issues (I had researched and prepared for one issue during the memorial writing phase). I found the workshops extensive and meticulous in terms of content and training, sufficient to fill the void of diffidence that existed.
In them, I felt more confident about the whole problem and my knowledge because the possibility of learning from a wealth of perspectives was great. All of us – the Ugandan, Ethiopian, Kenyan, Nigerian, South African, Mozambican, Lesotho, Dutch and American – had put our brains together to come up with arguments to the problem. I believe that my understanding of the problem was astronomically improved.
Besides that, the exposure to a network of practicing arbitrators in Kenya and other notable individuals was more than establishing professional networks. It was a moment of breaking barriers between what we do and what we truly are. The networking session at Anjarwalla and Khanna (ALN) reminds me of the genuine conversations, unimpeded by differences in age or social background, sparking remarkable friendships.
I remember sharing my law clinic experiences with Retired US Court of Appeal Seventh Circuit Judge, Anne Claire Williams, and she sharing hers, of tracing her ancestry in Africa. I realized how we were much alike in our cravings and pursuits. I, too, struggle with the question of identity and belonging, having to trace my ancestry to only two generations (my parents and grandparents). Her story is inspirational as it is thrilling. Having retired from the comfort of the Bench to join the millions advocating for the rule of law, she is a stark reminder that it is never too late to join the fight for a better world.
It is never easy to overcome the barrier between what we do and what we are. Oftentimes we go through our lives with people appreciating only a part of our personalities – the one we let them see. So, when opportunities that encourage us to go beyond the façade of what we do and share our vulnerabilities, it is an avenue to let others appreciate our full personality.
This view is influenced, still, by the networking session at ALN and two friends I made that night. Because I had shared my inspirations and motivations for studying law and my struggles with finding and expressing love, I was allowed into the confidence of those I had, during the day, known simply as “as the coach of the Lesotho team” and “the photographer.” At the end of the networking experience, I left with two dear friends, Dr. Letzadzo Kometsi and Eric Gitonga.
Through listening to, understanding and appreciating their unique and intriguing experiences, I got to broaden and deepen my own experiences. Dr. Letzadzo had shared that he was part of an indigenous community in Lesotho and how he had studied law to advocate for the rights of his community.
Eric shared how, from a US graduate electrical engineer, he became a photographer, an artist – specializing in detailed photographic study of insects. At the end of the networking experience, I left with at least two friends. As Gina Greenlee has aptly commented: “experience is a master teacher, even if it is not our own.” My interface with those two dear friends (who may have no idea of the impression their stories made on me) was a lesson on purpose and keeping an open mind in my pursuit of a career.
While it is true that experience is a master teacher, it is also true that unpleasant experiences can be a source of great lessons. Along the journey, there were moments that challenged the confidence I had built. The preliminary rounds in Nairobi, to me, constitute one of those moments. The first round did not go as I had expected. The arbitrators had succeeded in giving me the usual tough first round, and went overboard in that attempt, I think. I realized that I had no control of so many things despite the strenuous preparation. It was also opportune that this fundamental lesson came at this point in time. It was essential in setting the pace and paving the way for Vienna.
Vienna
If someone saw us walking, hands-in-coats, laughing along Nordbahnstraße (the street on which our accommodation was located) towards the Praterstern U-bahn, they would conclude that we were a happy group. Indeed, we were. I look back on Vienna with an insufferable nostalgia. I had the most wonderful time and experience there. However, the source of our happiness, my happiness, was in the experiences I had in Vienna -- the undeniable fact that I was there, navigating the streets of the most liveable city in the world. We had gone through several hurdles to get there; it would have been absurd for us not to be happy.
Before the Vis, I entertained the view that solving problems and challenges on my own was a show of strength. However, that changed during our preparation for Vienna – the Visa application process in particular. I got to learn that the greatest strength and courage are exhibited in the act of asking for help. It is not the courage and strength I exhibited in those moments that is of interest to me here, but the kindness, generosity and love of family, friends, and colleagues.
While sitting in the school parking lot on the evening of 14th March, I saw my prospects of going to Vienna diminish after I was unable to raise part of my Visa costs. The thought of not going to Vienna was excruciating. As I sat thinking through everything, I could see seven months’ worth of tire-and-toil crumble into nothing. It would all have been for nothing if Vienna was not on the horizon. It was this that uplifted me to seek help. And gladly it yielded, more than I had even thought it would. Before that time, I had entertained the idea that I was incapable of crying, but at the touch of such kindness, I could not but experience a gush of genuine and overwhelming emotion.
As they say, our strength lies in the strength of our ties. It was in this particular moment that I got to know the taste of genuine happiness – a restoration of hope for Vienna.
So, when I had to jump into our first round in Vienna straight from and early-morning touchdown at the airport, I knew I was not alone. I had the hopes and prayers of those that had supported me to be there. This was the source of my strength when I agreed to argue as Respondent with only a conversation during the long layer-over at Addis Ababa as practice. The phenomenal performance (to my surprise) I exhibited that day was simply showing those who believed in me that they were right.
Thus, I reflect upon the kindness and support of those who made it possible for me to be in Vienna with only warmth in my heart and a surge of inexpressible emotions on my mind. To me, you are my Vis Moot and Vienna.
As I conclude, I extend my deepest appreciation and gratitude to the wonderful persons at Africa in the Moot and partners for the support and guidance along the way. I extend special thanks to Erin, Stephen, and Tijmen. In the same spirit, I appreciate the financial support rendered by Allen & Overy Germany, ABMAK Associates, and Arbitration Fund for African Students. To my dear teammates: Anne, Hans, Madan and Edisa, we did a wonderful job and your support and care warms my heart, thank you. And to my dear coaches, Florian, Jan, and Jordan, I appreciate your endearing guidance and selfless help. I appreciate the love and support extended by my family and friends.