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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.
List of 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
About the author
Dr Ole Jensen is a managing counsel at ArbBoutique. He has extensive experience acting as counsel in domestic and international arbitration proceedings, and more recently has started sitting as arbitrator. In his practice as arbitrator, Dr Jensen draws on extensive experience in assisting some of the world's leading arbitrators as tribunal secretary in high value, high stakes matters. He was a research and teaching assistant at Professor Klaus Peter Berger's chair for private law, international commercial law, conflicts of law, comparative law and banking law at the University of Cologne.
Summary
Tribunal Secretaries in International Arbitration adopts a transnational approach to systematically answer questions about tribunal secretaries often discussed but thus far unresolved. With useful analysis and practical guidelines, it is an essential tool for all practitioners and academics involved in international arbitration.
Foreword
Awarded second place for the DIS-F"orderpreis 2019/2020
Additional text
Excellent treatment for a topic of increasing significance.
Report
[T]he work is a true treasure trove for all those who deal with questions concerning secretaries in international arbitration: arbitrators, party representatives, arbitral institutions and, of course, secretaries will find immediately applicable answers to their practical questions. It is not surprising that the work was awarded one of the DIS-Sponsorship Awards 2019/20. [Translated] Dr. Reinmar Wolff, SchiedsVZ
