Young ICCA Guide on Arbitral Secretaries

The "Young ICCA Guide on Arbitral Secretaries" is a comprehensive guide published by the International Council for Commercial Arbitration (ICCA) and Kluwer Law International. The guide was developed by a task force formed by Young ICCA to address the growing use and acceptance of arbitral secretaries in international arbitration. Here is a detailed overview of the guide:

Key Themes

1. Role and Tasks of Arbitral Secretaries:

   • The guide outlines the various tasks that an arbitral secretary may perform, including administrative tasks, attendance at hearings, meetings, and deliberations, as well as substantive tasks like summarizing submissions, reviewing authorities, and preparing first drafts of procedural orders and awards.

2. Consent and Supervision:

   • It emphasizes the importance of obtaining the consent of the parties before appointing an arbitral secretary and ensuring that the tribunal supervises the secretary to prevent any delegation of decision-making authority.

3. Transparency and Communication:

   • The guide stresses the need for transparency regarding the tasks of an arbitral secretary. It requires that any tasks proposed by the tribunal to be performed by the secretary must be expressly agreed to by the parties, ensuring that parties are fully informed and have an opportunity to express their concerns.

4. Controversial Tasks:

   • While the guide supports the use of arbitral secretaries where it contributes to the effective resolution of the dispute, it also highlights that some tasks, such as participating in deliberations or drafting parts of the award, may be controversial. The tribunal should generally draft the analysis and legal reasoning, although drafting procedural history, factual background, and summary of parties’ positions is generally considered acceptable.

Plot Summary

The guide does not have a narrative plot but rather presents a structured approach to understanding and utilizing arbitral secretaries in international arbitration. It provides a non-exhaustive list of tasks that an arbitral secretary may perform, along with guidelines on how to ensure that these tasks are performed in a manner that respects the decision-making mandate of the tribunal.

Critical Reception

The guide has been well-received by the international arbitration community for its comprehensive and transparent approach to the use of arbitral secretaries. It has been translated into multiple languages, including English, Italian, Polish, Portuguese, and Spanish, to facilitate its use globally.

The Young ICCA Guide has also influenced national courts and arbitral institutions. For example, the LCIA has adopted changes to its Notes for Arbitrators to clarify the role of tribunal secretaries and strengthen its approach to their use, aligning with the principles outlined in the Young ICCA Guide.

In summary, the "Young ICCA Guide on Arbitral Secretaries" is a seminal publication that provides a robust framework for the effective use of arbitral secretaries in international arbitration, emphasizing transparency, consent, and supervision to ensure that these secretaries contribute positively to the dispute resolution process without undermining the tribunal's authority.