Tribunal Secretaries in International Arbitration

摘要

The disconnect between the practical importance of arbitral secretaries and the arbitration community's attention to this subject is rapidly diminishing. Over the past six years, a significant number of articles, surveys, guides, and conference panels have been devoted to arbitral secretaries; arbitral institutions and organizations have developed increasingly sophisticated practice notes; and a small industry of tribunal secretary training courses has emerged. The topic gained international notoriety in 2015, when the Russian Federation challenged the Yukos award alleging excessive involvement by the tribunal secretary. Judicial precedent in two key jurisdictions (the Swiss Supreme Court in 2015 and the English High Court in 2017) has further sensitized arbitrators and counsel to the need for care in handling, and the potential for ancillary litigation stemming from mishandling, arbitral secretaries who discharge more than just administrative tasks. Thus, the subject matter itself has clearly emerged from the proverbial shadows, even if some tribunal secretaries may not yet have.