Aligning Arbitrator Assistance with the Parties’ Legitimate Expectations: Proposal of a ‘Traffic Light Scale of Permissible Tribunal Secretary Tasks’

Aligning Arbitrator Assistance with the Parties’ Legitimate Expectations: Proposal of a ‘Traffic Light Scale of Permissible Tribunal Secretary Tasks’

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An article by Dr. Ole Jensen, published in the Association Suisse de l’Arbitrage (ASA) Bulletin, Issue 2020-2, (Vol. 38, No. 2).

Excerpt: At the turn of the millennium, assistance to arbitral tribunals was a nontopic. International arbitrators certainly had support. The ‘secretary’ of the arbitral tribunal was found in a good number of hearing rooms, had long been acknowledged in Swiss arbitration legislation, and featured in the footnotes of arbitration treatises as well as in this very journal. But this position did not raise much controversy. It was quietly assumed that arbitrators would have some form of back-office support that did not need to be questioned. For the time being, the tribunal secretary lived a quiet, unassuming life. Read the full article.

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