I. What is expected from a tribunal secretary?
– The perspective of arbitrators/parties/ICC on the role of the tribunal secretary and nature of his/her tasks
– How a tribunal secretary can be helpful/main advantages to the arbitration proceedings in their perspective?
II. The appointment of tribunal secretaries
– In which type of cases would the appointment of a tribunal secretary be helpful? In all instances? Should this depend on the complexity of the case or the amount in dispute?
– Who should act as a tribunal secretary? (Junior lawyer/experienced lawyer/paralegal?)
– Statement of Independence and Impartiality (ICC Note on the Appointment, Duties and Remuneration of Administrative Secretaries/IBA Guidelines on Conflict of Interest in International Arbitration)
– Remuneration of the tribunal secretary (Comparison with other institutions and ad hoc arbitration)
– Objections by the parties to the appointment of tribunal secretaries and decision by the arbitral tribunal
III. Overview of the tribunal secretary’s tasks and role in the organization of the proceedings
Nature of the tasks: administrative nature?
– Analysis of the main administrative tasks pertaining to the tribunal secretary
– Analysis of the main non-administrative tasks pertaining to the tribunal secretary
– The taks in which the tribunal secretary should not be involved and reasons for such limitation
– The specificity of ICSID proceedings
IV. The support provided by tribunal secretaries from receipt of the case file until the signature of the terms of reference
– The first contacts with the parties
– Drafting the Terms of Reference (ToR) pursuant to Article 23 of the ICC Rules
– Drafting the Procedural Rules (usually Procedural Order No. 1, “PO 1”)
– Preparation of the Case Management Conference (Art. 24 of the ICC Rules)
– Issues relating to bifurcation, interim measures, provisional measures: inform arbitral tribunal and prepare procedural orders under the tribunal’s direction and supervision
– Document production requests: provide copies of relevant documents to the president of the tribunal, attend/follow deliberations in this regard, and prepare draft decision in the Redfern Schedule under the tribunal’s direction, control and supervision
– Preparation of pre-hearing conference
– Preparation for the evidentiary hearing
– Role during the Hearing
– Creation, organization and transmission of electronic files in order to facilitate the organization of the proceedings
– Technical aspects of eDisclosure
14 Mar 2018 @ 09:00 am
14 Mar 2018 @ 05:45 pm
Duration: 8 hours, 45 minutes
International Chamber of Commerce
38 Cours Albert 1er