34 - Secretaries to the Arbitral Tribunal

Summary

The use of tribunal secretaries in international arbitration brings many benefits, but equally requires safeguards. In the absence of comprehensive case law, institutional rules and international guidelines provide a certain amount of guidance. This contribution seeks to identify the pitfalls and the solutions. Importantly, the use of tribunal secretaries varies considerably, depending on personal preferences and regional and cultural patterns. Given that despite some concerns the use of tribunal secretaries is widespread, a constructive discussion on how to regulate the role of tribunal secretary is important. The appointment mechanism and the tribunal secretary’s independence and impartiality, and mandate need to be ensured and clear, as do their tasks and the basis for remuneration. Different institutions provide different guidance, including in relation to the much debated issue whether and if so to what extent, a tribunal secretary may be involved in more substantive tasks, including drafting the award.