The Willem C. Vis International Commercial Arbitration Moot: KM Trainees' Tips for Conducting Effective Legal Research

Legal research and information retrieval are among the most critical competencies for arbitration lawyers. Our knowledge management trainees have become adept at using various databases and information retrieval systems, and below are some of their most valuable tips.

To identify the relevant sources of law, it is essential to fully comprehend the legal question at hand. A clear understanding of the issue helps define the research scope and ensures efficiency.

Key Considerations Before Beginning Legal Research

1. What are the key facts?

2. What is the central legal issue?

3. Which jurisdiction is applicable?

Once the scope and objectives of your research are established, it is advisable to develop a comprehensive understanding of the legal landscape surrounding the issue.

Building a Strong Foundation

1. Preliminary web searches

Begin by conducting a general web search using relevant keywords to familiarise yourself with the basic regulatory framework on the topic. For purely academic sources, platforms like Google Scholar or equivalent academic search engines are highly recommended.

2. Consult secondary sources

Secondary sources are invaluable for establishing a foundational understanding of your research topic. These include legal treatises, commentaries, and journal articles, which provide context, clarify key issues, and often reference primary sources such as statutes and case law.

Maximising the Use of Legal Databases

Effective use of legal databases requires mastery of search techniques, including the use of Boolean operators (e.g. "AND," "OR," "NOT") and applying filters by date or jurisdiction to refine results. Most databases offer guidance on conducting precise searches. AI tools can identify synonyms and related terms, helping you expand your keyword list to include variations that might be used in different sources. This ensures you cover all possible angles in your research.

Tip: Begin with broad search terms and progressively narrow down your scope using specific keywords, legal concepts, or case citations to locate the most pertinent sources.

Maintaining a Research Log

Given the complexity of legal research, maintaining a structured research log can help track the sources reviewed and the information gathered. Additionally, organising and outlining your findings as your research progresses can significantly enhance clarity and efficiency.

Assess the Relevance and Authority of Sources

Prioritise binding legal authorities such as statutes and case law over persuasive sources like lower court rulings or academic opinions. Ensure that cited cases are still current by checking if they have been overturned or criticised.