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Part III The Irregular Use of Tribunal Secretaries, 8 The Fate of the Award

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: 25 May 2024

Appointment of arbitrator — Arbitral tribunals

This chapter focuses on the fate of the award where tribunal secretaries are used impermissibly. It considers whether the ultimate threat to the efficient use of tribunal secretaries — that their participation provides grounds for an annulment of the arbitral award — has merit by reviewing different scenarios of an irregular secretary use. The chapter first examines the question of whether an ‘award’ that is entirely made by a tribunal secretary qualifies as an arbitral award at all, or whether it is a nullity, before discussing grounds for annulling the award or denying its enforcement (for example, the secretary did not possess the required impartiality and independence). It also analyses how the procedural impropriety affects the arbitral award, paying special attention to the ‘effect on the award’-requirement and forfeiture of right to rely on grounds for annulment and non-enforcement.

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