Part I Conceptual Foundations, 3 Receptum Secretarii: Contractual Relationships

Subject(s):

Appointment of arbitrator — Arbitral tribunals

This chapter focuses on the contractual relationship flowing from the appointment of a tribunal secretary. The term receptum secretarii describes the tribunal secretary's contract in which he/she undertakes to provide the services expected of him/her. Given the diverse background of individuals acting as tribunal secretaries, there is no uniform approach to the receptum secretarii. The chapter first clarifies the distinction between different types of secretaries' contractual and factual pre-existing relationships with the appointing arbitrator, and more specifically between internal and external secretaries. It then considers with whom and how the secretary's contract is concluded before discussing the legal nature of that contract, what law applies to it, and which rights and obligations it entails. Finally, it examines the issue of liability in case of a breach of the secretary's or arbitrator's obligations.