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Part II The Tribunal Secretary’s Mandate, 6 Remuneration

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

This chapter considers the tribunal secretary's right to receive remuneration in return for the discharge of his/her mandate. In particular, it examines the conflicting goal of the tribunal secretary's appointment to reduce the costs of the arbitration and his/her legitimate interest to be remunerated. To find out whether the perceived increase in costs is one of the main reasons for parties to reject the appointment of a tribunal secretary, the chapter examines the secretary's original claim for remuneration on the basis of contact law against the appointing arbitrator and to whom the secretary's costs may be re-allocated. More specifically, it discusses allocation of costs if the arbitral tribunal is remunerated per hour and ad valorem, along with allocation of costs independent of the arbitrator's remuneration. Finally, it explains how the secretary's fees should be determined, highlighting the proper balance of decreasing the parties' costs without unduly decreasing the arbitrators' fees.

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