Arbitral secretaries : reports from the join NAI-CEPANI colloquium, October 5, 2017 / Filip De Ly, Dirk De Meulemeester, Paul di Pietro, Maarten Draye, Jean-Pierre Fierens, Emile Hay, Françoise Lefèvre, Constantine Partasides, Jan K. Schäfer, Martijn Scheltema, Willem van Baren, Sophia Von Dewall, Christie Warnink ; editors: Filip De Ly, Luc Demeyere.
2018
K2400.A6 J65 2017 (Mapit)
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Title
Arbitral secretaries : reports from the join NAI-CEPANI colloquium, October 5, 2017 / Filip De Ly, Dirk De Meulemeester, Paul di Pietro, Maarten Draye, Jean-Pierre Fierens, Emile Hay, Françoise Lefèvre, Constantine Partasides, Jan K. Schäfer, Martijn Scheltema, Willem van Baren, Sophia Von Dewall, Christie Warnink ; editors: Filip De Ly, Luc Demeyere.
Added Author
Imprint
Mechelen : Wolters Kluwer, [2018]
Description
xii, 120 pages ; 24 cm.
Series
CEPANI (Series) ; 23. 1783-5755
Formatted Contents Note
Transparency and the role of arbitral secretaries / C. Partasides QC
The business case for and against tribunal secretaries / J.K. Schäfer
Rules and case law on tribunal secretaries / F. De Ly
The legal status of arbitral secretaries in Belgium / F. Lefèvre
The tribunal secretary, a contractual maze? / M. Scheltema and C. Warnink
Tribunal secretaries: how to prevent a friend from turning into a foe? / S. Von Dewall
The arbitral secretary: unnecessary nuisance or unsung hero - a practitioners' view / M. Draye and E. Hay
The ICC's perspective on the practice of administrative secretaries / P. Di Pietro
An arbitrator's view on the expected assistance from the arbitral tribunal's secretary / J.-P. Fierens
The business case for and against tribunal secretaries / J.K. Schäfer
Rules and case law on tribunal secretaries / F. De Ly
The legal status of arbitral secretaries in Belgium / F. Lefèvre
The tribunal secretary, a contractual maze? / M. Scheltema and C. Warnink
Tribunal secretaries: how to prevent a friend from turning into a foe? / S. Von Dewall
The arbitral secretary: unnecessary nuisance or unsung hero - a practitioners' view / M. Draye and E. Hay
The ICC's perspective on the practice of administrative secretaries / P. Di Pietro
An arbitrator's view on the expected assistance from the arbitral tribunal's secretary / J.-P. Fierens
Summary
"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."--Back cover.
Note
Subtitle should read: Reports from the joint NAI-CEPANI colloquium, October 5, 2017.
"This book contains the updated reports presented at the second joint NAI-CEPANI Colloqium held in Rotterdam on October 5, 2017." -- Back cover.
"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."--Back cover.
"This book contains the updated reports presented at the second joint NAI-CEPANI Colloqium held in Rotterdam on October 5, 2017." -- Back cover.
"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."--Back cover.
Bibliography, etc. Note
Includes bibliographical references.
Call Number
K2400.A6 J65 2017
Language
English
ISBN
9789403002002 (paperback)
940300200X (paperback)
940300200X (paperback)
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