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Part I Conceptual Foundations, 1 Third-Party Support to Arbitral Tribunals: History and Taxonomy

J. Ole Jensen

From: Tribunal Secretaries in International Arbitration

J Ole Jensen

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

Appointment of arbitrator — Arbitral tribunals — Third party participation

This chapter examines the specific purpose and source of legitimacy of actors that may collectively be referred to as third-party support to the arbitral tribunal. It also disposes of terminological inconsistencies that exist in regard to such third-party support and shows that certain forms of third-party support have been employed by arbitral tribunals from the very beginning. The chapter first traces the evolution of the division of labour in international arbitration before discussing the reciprocal roles of tribunal appointed experts on factual issues and those on legal issues. It then distinguishes tribunal secretaries that are appointed by arbitral tribunals from those appointed by arbitral institutions. Different emanations of tribunal secretaries that exist in practice are highlighted, such as the expert consultant and the document production master. Examples of institutions that offer third-party support are given, including ICSID, PCA, IUSCT, CAS, ICAC and several commercial arbitral institutions.

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