Arbitral secretaries

Description

pFor a long time, arbitrators have been using secretaries in the performance of their duties. More recently, trained lawyers have been engaged in assisting arbitrators to discharge these duties.pbrpThis book analyses this development from the perspective of transparency and discusses the pros and cons of a business model in which arbitral secretaries are used. It also provides a legal analysis under Belgian and Dutch law of the various relationships that emerge as a result of the use of arbitral secretaries i.e. the relationships between the arbitral secretary and the arbitrators, between the arbitral secretary and the parties to an arbitration and between the arbitral secretary and arbitral institutions.pbrpIn addition, the book describes the rules of various arbitral institutions and scans case law regarding the use of arbitral secretaries from different perspectives their appointment and remuneration, their independence and impartiality and above all the scope of their activities in relation to the core decision making functions of arbitral tribunals.pbrpThe book concludes with the perspectives of arbitral institutions and of arbitrators regarding the use of arbitral secretaries including the approach taken by CEPANI, NAI and ICC.p