Tribunal Secretaries in International Arbitration
Series: Oxford International Arbitration Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 31 January 2019
- ISBN 9780198835813
- Binding Hardback
- No. of pages526 pages
- Size 248x181x32 mm
- Weight 1060 g
- Language English 0
Categories
Short description:
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.
MoreLong 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.
[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]
Table of Contents:
Introduction
I CONCEPTUAL FOUNDATIONS
Third-Party Support to Arbitral Tribunals: History and Taxonomy
Tribunal Secretaries: Practical Need and Legal Admissibility
Receptum Secretarii: Contractual Relationships
II THE TRIBUNAL SECRETARY'S MANDATE
Appointment Process
Permissible Tasks
Remuneration
III THE IRREGULAR USE OF TRIBUNAL SECRETARIES
Challenge of Secretaries and Arbitrators
Fate of the Award
The Proof Conundrum
Results and Outlook
Appendices
