Arbitral Tribunal Secretary

ARBITRAL TRIBUNAL SECRETARY

Who is "arbitral tribunal secretary"?

The arbitral tribunal secretary is a person who is appointed by the arbitral tribunal and assists the arbitral tribunal in the arbitration proceedings, particularly for the performance of procedural matters and the coordinated conduct of the arbitration.

Who can become an arbitral tribunal secretary?

Natural persons may be appointed as arbitral tribunal secretary. Under Turkish Law, judges and prosecutors may not be appointed as arbitral secretaries.

Arbitral tribunal secretary must be an impartial and independent person according to the parties to the case.

In practice, young lawyers or academics are generally appointed. People who know arbitration, even theoretically, are appointed instead of someone who does not know or practice arbitration at all. The arbitral tribunal secretary does not have to be impartial or independent from the arbitral tribunal. For example, a trainee or assistant of one of the arbitral tribunal members may serve as the arbitral tribunal secretary. In case there is a provision in the arbitration agreement or the selected rules for the selection of the arbitral tribunal secretary, this should be taken into account.

Is it necessary to have completed a training program or to be on a list in order to serve as an arbitral secretary?

There is no requirement to have completed any training or programme to serve as an arbitral tribunal secretary. However, having at least theoretical knowledge in the field of arbitration will be preferred by arbitral tribunals.

There is no accreditation or list, too. The arbitral tribunal may appoint an arbitral tribunal secretary without being bound by any list unless otherwise agreed on arbitration agreement.

It is not a requirement to have academic studies or to speak a foreign language. However, it is an advantage and distinguishes you from other candidates.

Is it mandatory to appoint an arbitral tribunal secretary in arbitration proceedings?

There is no obligation to use an arbitral secretary.

However, in practice, almost every arbitral tribunal appoints an arbitral tribunal secretary.

Is an arbitral tribunal secretary entitled to a fee?

In practice, a fee is assessed for the persons acting as arbitral tribunal secretary. However, there is no tariff for this fee. The fee is determined by the arbitral tribunal.

What are the duties of an arbitral tribunal secretary in general?

In practice, the duties listed below are mostly performed by an arbitral tribunal secretary. It should be noted, however, that the contrary may be agreed.

In particular, the secretary of the arbitrator fulfills the following duties:

Receives and follows up notifications.
Ensures communication between the arbitrators and the parties and experts.
Organizes hearings and discovery.
Receives payments from the parties and holds them in a bank account (mostly in ad hoc arbitration).
Keeps the case file and delivers it to the court/center at the end of the case.
Does not have voting rights. However, he/she is involved in the drafting of the award and assists the arbitral tribunal, in particular in drafting the procedural parts of the award.

Is the arbitral tribunal secretary appointed from young practitioners?

An arbitral tribunal secretary may be seen as an experience for new practitioners to arbitration. It is an important step for future arbitrators. However, it is not possible to say that young people shall be selected for all arbitration cases. The appointment of an arbitral tribunal secretary is based on the content of the case, the individual's background, previous practices in the field of arbitration and the positions held.

A significant portion of the grounds for annulment relate to the procedural aspects of the arbitration proceedings and the courts do not evaluate the merits. Therefore, the actions taken by an arbitral tribunal secretary may be grounds for annulment. For the aforementioned reasons, the selection of the secretary of the arbitrator is carried out carefully.

What are the advantages of becoming an arbitral tribunal secretary?

The advantages of becoming an arbitral tribunal secretary may be listed as follows:

Being involved in all stages of the arbitration proceedings, such as meetings, hearings, discovery, communication.
Being able to read a sample arbitration file.
Participating in hearings and learning about the professional methods of lawyers.
To see the practices of qualified arbitrators.
To become familiar with document formats.
Becoming a potential arbitrator candidate through proper performance of duties.
Being an exception to the principle of confidentiality.
Possibility of a future career in arbitration.