Part II The Tribunal Secretary’s Mandate, 4 The Appointment Process

Subject(s):

Appointment of arbitrator — Arbitral tribunals — Third party participation

This chapter proposes an appropriate process for the appointment of tribunal secretaries that maintains efficiency while safeguarding the parties' right to decide on how their arbitration should be conducted. After identifying which qualifications (legal education, prior experience in international arbitration, basic information technology skills, trustful relationship with the appointing arbitrator, etc.) and which level of impartiality and independence candidates for the tribunal secretary position should possess, the chapter considers how the parties should be involved in the appointment process and how the appointment should be formalised. It also describes the frequent situation where such a formal appointment process is not carried out and third-party support participates informally without the parties' knowledge and consent.