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Tribunal Secretaries in International Arbitration by Jensen, J Ole

Introduction

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, 2015. All Rights Reserved.date: 23 August 2019

Subject(s):
ae59d542-6d71-1014-90bf-c1927c3ed365 — Arbitral tribunal — 9a8e3470-27be-49e8-b18f-a69dfbb7387d — ae5eedb7-6d71-1014-90bf-c1927c3ed365

This book examines a variety of issues concerning the role of tribunal secretaries in international arbitration, focusing on the tension between their perceived lack of legitimacy and the practical need for a division of labour. It emphasises the importance of transparency in both the appointment and use of tribunal secretaries and argues that the best way to achieve that transparency is to move towards an institutionalisation of the position of the tribunal secretary, and that the main components of such an institutionalisation must be a formal appointment process and legal certainty in regard to the secretary's scope of tasks. Part I of the book outlines the conceptual foundations for the discussion of tribunal secretaries, Part II provides a detailed analysis of the tribunal secretary's mandate, and Part III considers the pathological case of an irregular use of tribunal secretaries as well as the available remedies.

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