| Abstrakt: |
Regulations on tribunal secretaries abound in international arbitration. Rather than providing clear guidance, the result is more discussion on the secretary's appropriate use. The article presents a new approach developed in the author's doctoral thesis. Instead of focusing on inflexible prescription, the article argues that the parties' legitimate expectations are decisive. Ideally, arbitrators would discuss these expectations with the parties and agree on a precise role in 'Tribunal Secretary Terms of Appointment'. In all other cases, the secretary's appropriate role depends on the degree of consent the parties have provided. While the role of undisclosed assistance is limited to clerical support, formally appointed tribunal secretaries may carry out 'common' secretary tasks. To charge secretaries with a more substantive role, the parties' informed consent is required. These three types of tasks are classified in Green, Orange and Red Lists, making up the 'Traffic Light Scale of Permissible Tribunal Secretary Tasks'. [ABSTRACT FROM AUTHOR] |
