Overview

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.

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9780191873256

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Reviews

As international arbitration becomes a more complex creature, books like this are pivotal for defining the limits and informing the broader arbitration community of the current state of practice. No doubt this book will help bring the (at times) obscure role of tribunal secretary out from the shadows! -- Michael Polkinghorne, Journal of International Arbitration In sum, Ole Jensen has made a significant contribution to the debate about tribunal secretaries. By eschewing rigid prescriptions and anchoring the analysis in party autonomy and informed consent, the book contributes to much-needed honesty about secretaries and lays the basis for significant improvements in addressing this subject. -- James Menz, Arbitration International This excellent book is well-reasoned and reflects the full spectrum of opinion within the arbitral community on the various controversies raised by the use of tribunal secretaries. ... The book is strongly recommended for all members of the arbitration community, including arbitrators, staff of arbitral institutions, practitioners and students. -- Joshua Fellenbaum, Asian Dispute Review An in-depth discussion of an increasingly important topic, combining rigorous theoretical analysis and practical insights. A must for any lawyer seriously looking into the topic of tribunal secretaries. -- Professor Dr. Maxi Scherer, Chair for International Arbitration, Dispute Resolution and Energy Law at Queen Mary University of London; WilmerHale As the involvement of Tribunal Secretaries in complex international arbitrations has become more and more common, an in-depth legal monograph on the precise role and functions of such secretaries was long overdue. With Ole Jensen's systematic and comprehensive analysis this gap has been filled: His impressive book is not only a brilliant academic treatise but also a very practical guideline on the correct and efficient use of Tribunal Secretaries, concluding with a Traffic Light Scale of Permissible Tribunal Secretary tasks. I am sure that this book and the Scale will become a very valuable tool for arbitrators and users who wish to be assisted in their proceedings by a Tribunal Secretary. -- Professor Dr. Klaus Sachs, Partner, CMS Hasche Sigle Finally, a serious inquiry into a matter - the use and abuse of tribunal secretaries - that has generated more heat than light. Ole Jensen tackles the subject with much-needed care and precision. -- Professor George Bermann, Director, Center for International Commercial and Investment Arbitration, Columbia University Excellent treatment for a topic of increasing significance. -- Professor William W. Park, Professor of Law, Boston University

"""As international arbitration becomes a more complex creature, books like this are pivotal for defining the limits and informing the broader arbitration community of the current state of practice. No doubt this book will help bring the (at times) obscure role of tribunal secretary out from the shadows!"" -- Michael Polkinghorne, Journal of International Arbitration ""In sum, Ole Jensen has made a significant contribution to the debate about tribunal secretaries. By eschewing rigid prescriptions and anchoring the analysis in party autonomy and informed consent, the book contributes to much-needed honesty about secretaries and lays the basis for significant improvements in addressing this subject."" -- James Menz, Arbitration International ""This excellent book is well-reasoned and reflects the full spectrum of opinion within the arbitral community on the various controversies raised by the use of tribunal secretaries. ... The book is strongly recommended for all members of the arbitration community, including arbitrators, staff of arbitral institutions, practitioners and students."" -- Joshua Fellenbaum, Asian Dispute Review ""An in-depth discussion of an increasingly important topic, combining rigorous theoretical analysis and practical insights. A must for any lawyer seriously looking into the topic of tribunal secretaries."" -- Professor Dr. Maxi Scherer, Chair for International Arbitration, Dispute Resolution and Energy Law at Queen Mary University of London; WilmerHale As the involvement of Tribunal Secretaries in complex international arbitrations has become more and more common, an in-depth legal monograph on the precise role and functions of such secretaries was long overdue. With Ole Jensen's systematic and comprehensive analysis this gap has been filled: His impressive book is not only a brilliant academic treatise but also a very practical guideline on the correct and efficient use of Tribunal Secretaries, concluding with a Traffic Light Scale of Permissible Tribunal Secretary tasks. I am sure that this book and the Scale will become a very valuable tool for arbitrators and users who wish to be assisted in their proceedings by a Tribunal Secretary."" -- Professor Dr. Klaus Sachs, Partner, CMS Hasche Sigle ""Finally, a serious inquiry into a matter - the use and abuse of tribunal secretaries - that has generated more heat than light. Ole Jensen tackles the subject with much-needed care and precision."" -- Professor George Bermann, Director, Center for International Commercial and Investment Arbitration, Columbia University ""Excellent treatment for a topic of increasing significance."" -- Professor William W. Park, Professor of Law, Boston University"

Author Information

Dr. J Ole Jensen, Wilmer Cutler Pickering Hale and Dorr LLP, London Dr. Ole Jensen is an associate in the International Arbitration Practice Group of Wilmer Cutler Pickering Hale and Dorr LLP in London. He acts as counsel and tribunal secretary in domestic and international arbitration proceedings under various institutional and ad hoc rules. The author was a research and teaching assistant at Professor Klaus Peter Berger's chair for private law, international commercial law, conflicts of law, comparative law and banking law at the University of Cologne. His practical training included stages in the litigation and arbitration practice of a major law firm in Berlin and in the foreign investment department of the German Federal Ministry for Economic Affairs and Energy.

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