Arbitral secretaries

Editors: F. De Ly, L. Demeyere - Auteurs: W. van Baren, D. De Meulemeester, C. Partasides, J. Schaefer, F. Lefèvre, M. Scheltema, S. Von Dewall, M. Draye, E. Hay, P. di Pietro, J-P Fierens, F. De Ly

The book contains the updated reports presented at the second joint NAI-CEPANI colloquium held on october 5, 2017.

Livre - 132 p.
Date de publication : 03/04/2018

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Description

For a long time, arbitrators have been using secretaries in the performance of their duties. More recently, trained lawyers have been engaged in assisting arbitrators to discharge these duties.

This book analyses this development from the perspective of transparency and discusses the pros and cons of a business model in which arbitral secretaries are used. It also provides a legal analysis under Belgian and Dutch law of the various relationships that emerge as a result of the use of arbitral secretaries i.e. the relationships between the arbitral secretary and the arbitrators, between the arbitral secretary and the parties to an arbitration and between the arbitral secretary and arbitral institutions.

In addition, the book describes the rules of various arbitral institutions and scans case law regarding the use of arbitral secretaries from different perspectives: their appointment and remuneration, their independence and impartiality and above all the scope of their activities in relation to the core decision making functions of arbitral tribunals.

The book concludes with the perspectives of arbitral institutions and of arbitrators regarding the use of arbitral secretaries including the approach taken by CEPANI, NAI and ICC.

Détails sur le produit

Attribute Name Attribute Value
Code EAN/ISBN: 9789403002002
Code de commande: BP/CEPANI-BI18001
Type de publication: Livre
Nombre de pages: 132 p.

Table des matières


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