Full Description
For the first time, a monograph thoroughly analyses the controversial and sensitive topic of secretaries to arbitral tribunals. Tribunal secretaries support arbitrators at all stages of the arbitration and provide valuable assistance; yet, thus far, they have remained largely in the shadows. This book provides vital discussion on how tribunal secretaries should be appointed, what specific tasks they may be endowed with, and what the consequences of an impermissible use are. Comprehensive analysis of case law, arbitration legislation, institutional rules and guidelines, and supporting literature guides the reader towards a profound understanding of the benefits and pitfalls surrounding the tribunal secretary's position.
Tribunal Secretaries in International Arbitration adopts a transnational approach to systematically answer questions often discussed but thus far unresolved. Structured in three parts, the book develops the conceptual foundations, discusses the practical implementation, and outlines limits of the permissible use of tribunal secretaries. The busy practitioner is furnished with easy-to-use templates and guidelines for practical and seamless implementation in international arbitrations. These include a seven-step formal appointment process, ready-to-use material for correspondence with the parties, and a Traffic Light Scale of Permissible Tribunal Secretary Tasks for the consultation of arbitrators, secretaries and parties alike.
Shining a spotlight on the tribunal secretary, this monograph is an invaluable contribution to the further institutionalisation of a role of ever-increasing importance in the coming years. With useful analysis and practical guidelines, it is an essential tool for all practitioners and academics involved in international arbitration.
Contents
1: Introduction
I CONCEPTUAL FOUNDATIONS
2: Third-Party Support to Arbitral Tribunals: History and Taxonomy
3: Tribunal Secretaries: Practical Need and Legal Admissibility
4: Receptum Secretarii: Contractual Relationships
II THE TRIBUNAL SECRETARY'S MANDATE
5: Appointment Process
6: Permissible Tasks
7: Remuneration
III THE IRREGULAR USE OF TRIBUNAL SECRETARIES
8: Challenge of Secretaries and Arbitrators
9: Fate of the Award
10: The Proof Conundrum
11: Results and Outlook
Appendices
