Originally from Soft Law in International Arbitration, Second Edition

PREVIEW PAGE

The ICC Rules of Arbitration ("Rules") are silent as to the appointment, duties and remuneration of Arbitral Tribunal administrative secretaries or other assistants ("Administrative Secretaries").  This Note replaces the Secretariat's previous note on the same subject. It sets out the policy and practice of the ICC International Court of Arbitration ("Court") and its Secretariat regarding the engagement of Administrative Secretaries by Arbitral Tribunals. It applies with respect to any Administrative Secretary appointed on or after 1 August 2012.  Any Arbitral Tribunal proposing to appoint an Administrative Secretary shall provide the parties with a copy of this Note.

1. Appointment

Administrative Secretaries can provide a useful service to the parties and Arbitral Tribunals in ICC arbitration. While principally engaged to assist three-member Arbitral Tribunals, an Administrative Secretary may also assist a Sole Arbitrator. Administrative Secretaries can be appointed at any time during an arbitration.

If an Arbitral Tribunal envisages the appointment of an Administrative Secretary, it shall consider carefully whether in the circumstances of that particular case such an appointment would be appropriate.

Administrative Secretaries must satisfy the same independence and impartiality requirements as those which apply to arbitrators under the Rules. ICC staff members are not permitted to serve as Administrative Secretaries.