APPENDIX 9

SAMPLE LETTER FOR THE APPOINTMENT OF A SECRETARY

From the [Chairman of the Arbitral Tribunal] [sole arbitrator] to the Parties’ Representatives / Counsel

“Gentlemen,

The members of the arbitral tribunal have conferred and consider that in the discharge of their duties they would be greatly assisted by the appointment of a secretary to the tribunal. It is apparent that this arbitration will involve considerable documentation and the tribunal would prefer that the appointment is made at an early stage of the proceedings.

The tribunal proposes to appoint ABC of [law firm] of [address] as secretary. ABC is an attorney / solicitor / paralegal qualified in [date]. His/her curriculum vitae is attached. Initial enquiries made of ABC indicate that there is no conflict of interest, and that he/she would be independent and impartial. I have previously worked with ABC in this manner on [number] occasions. Neither of my co-arbitrators has worked with ABC before. ABC is employed by [law firm], of which I am a partner. lf the appointment is confirmed ABC will be asked to make a declaration in a like form to that made by the members of the tribunal and the appointment will be conditional upon satisfactory completion of such declaration.

The [institution] Rules make no reference to the appointment of a secretary but the right and power to do so is recognised by [e.g. if an ICC arbitration a Note issued by the ICC Secretariat in 1995 or if an ICDR arbitration Canon VI of the Code of Ethics or if nothing applicable the international arbitration community].