‘Standard: The secretary may not prepare draft substantive portions of awards.

Unlike procedural orders and non-substantive portions of awards, the secretary may not
draft substantive portions of awards. The substantive portion of an award goes to the
heart of the arbitration and hence its drafting is an essential duty of the arbitrators.
The intuiti personae principle thus dictates that this task must remain with the arbitrators.
There exists too great a risk that the reasoning or dispositive section of the award might
bear the secretary’s perspective and hence improperly influence the arbitrators’
evaluation. The 2013 ICCA Survey reports that nearly 70 per cent of respondents believe
that the secretary may not draft the ‘legal reasoning’ part of the award,[126] and this is
consistent with ICC, HKIAC, FCC and UNCITRAL practice.[127]
Source:https://www.ibanet.org/Article/NewDetail.aspx?ArticleUid=987d1cfc-3bc2-48d3-959e-
e18d7935f542#_ftn78, Michael Polkinghorne and Charles B Rosenberg, The Role of the Tribunal
Secretary in International Arbitration: A Call for a Uniform Standard

Standard: The secretary may not have decision-making functions.’

The secretary may not be the ‘fourth arbitrator’ and have decision-making functions. The
role of the secretary must be limited to assisting (not replacing) the job of the arbitrators,
as expressly recognised in ICC, LCIA, AAA, JAMS International, HKIAC, FCC and
UNCITRAL practice.[128] Only five per cent of respondents in the 2012 ICCA Survey
believe that the secretary may take part in the decision-making process of the tribunal.[129]
Source:https://www.ibanet.org/Article/NewDetail.aspx?ArticleUid=987d1cfc-3bc2-48d3-959e-
e18d7935f542#_ftn78, Michael Polkinghorne and Charles B Rosenberg, The Role of the Tribunal
Secretary in International Arbitration: A Call for a Uniform Standard

Such a role of the secretary is in the view of some commentators inappropriate or

is appropriate only under certain conditions, such as that the parties agree thereto.
However, it is typically recognised that it is important to ensure that the secretary does
not perform any decision-making function of the arbitral tribunal.’ (UNCITRAL Notes on
Organizing Arbitral Proceedings, United Nations Commission on International Trade Law, 1996, para 1:
www.uncitral.org/pdf/english/texts/arbitration/arb-notes/arb-notes-e.pdf [hereinafter ‘UNCITRAL Notes’].)

Source:https://www.ibanet.org/Article/NewDetail.aspx?ArticleUid=987d1cfc-3bc2-48d3-959e-
e18d7935f542#_ftn78, Michael Polkinghorne and Charles B Rosenberg, The Role of the Tribunal
Secretary in International Arbitration: A Call for a Uniform Standard
 The Note states that it sets out the policy and practice of the ICC International
Court of Arbitration and its Secretariat regarding the engagement of administrative
secretaries by arbitral tribunals and requires that any arbitral tribunal proposing to appoint
an administrative secretary provide the parties with a copy of the Note.
Source: https://www.lexology.com/library/detail.aspx?g=e7826e7b-0a84-409d-9ebb-
af84ad6d1d3f Lawrence W. Newman and David Zaslowsky of the New York office of Baker & McKenzie
LLP. It was published originally in the November 29, 2012 New York Law Journal."

Regarding whether or not an administrative law secretary may be appointed, the

Note provides that such a secretary “shall not be appointed if a party has raised an
objection,” thereby preventing a tribunal from imposing a secretary on the parties.
Source: https://www.lexology.com/library/detail.aspx?g=e7826e7b-0a84-409d-9ebb-
af84ad6d1d3f Lawrence W. Newman and David Zaslowsky of the New York office of Baker & McKenzie
LLP. It was published originally in the November 29, 2012 New York Law Journal."

 The Tribunal's use of Clerks or Secretaries must be approved by the parties after
disclosure. Clerks or Secretaries must complete a separate conflicts disclosure form
which will be provided by JAMS and made available to the parties.
 The arbitrator should explicitly disclose with other initial disclosures or as early as
practicable in the fee agreement, fee schedule, engagement letter, scheduling order or
other writing, that he or she intends to use a Clerk or Secretary or that it is the practice of
the arbitrator to regularly use such assistance.
 The arbitrator's disclosure regarding the use of a Clerk or Secretary will state the
types of tasks assigned to the Clerk or Secretary, e.g., research and/or drafting. At no
time can a Clerk or Secretary engage in deliberations or decision-making on behalf of an
arbitrator or tribunal.

Source: https://www.jamsadr.com/guidelines-for-clerks/