The Secretary of the ArbitralTribunal

Abstract

Article 13: Secretary of the arbitral tribunal 13.1 If at any time during the arbitration the arbitral tribunal wishes to appoint an administrative secretary, it shall submit to the Chamber, with copy to all the parties: (a) the name, postal address, e-mail address and telephone number of the nominee for appointment; (b) a brief written statement of the nominee’s qualifications and position; (c) the proposed hourly fee rate of the nominee; and (d) a brief statement of the tasks to be performed by the secretary,which shall neither conflict with those performed by the Chamber as the administrator of the arbitration under the Rules, nor constitute any delegation of the decision-making authority of the arbitral tribunal. 13.2 A secretary shall act at all times under the instructions and supervision of the arbitral tribunal, which shall be responsible for the conduct of the secretary in relation to the arbitration. 13.3 A secretary shall be appointed only with the written approval of the Chamber and of all the parties, and only after having signed a statement of impartiality and independence, disclosing to the parties, the members of the arbitral tribunal and the Chamber any circumstances that may give rise to justifiable doubts as to his or her impartiality or independence. 13.4 If, at any time after the secretary’s appointment, circumstances emerge that may give rise to justifiable doubts as to the secretary’s impartiality or independence, the secretary shall disclose such circumstances to the parties, the members of the arbitral tribunal and the Chamber, without delay. 13.5 A secretary may be challenged if circumstances exist that give rise to justifiable doubts as to his or her impartiality or independence, in which case the provisions of Article 11 will apply equally to the challenge. Article 36: Costs of arbitration 36.1 The arbitral tribunal shall fix the costs of the arbitration in its final award or, if it deems appropriate, in any other order or award. The arbitral tribunal may allocate such costs among the parties if it determines that allocation is reasonable, taking into account the circumstances of the case and any matter prescribed by these Rules that may affect such allocation. 36.2 Such costs may include: (a) the fees and expenses of the arbitrators and of any secretary of the arbitral tribunal; (b) the costs of assistance required by the arbitral tribunal, including its experts; Article 40: Confidentiality 40.1 Confidential information disclosed during the arbitration by the parties or by witnesses shall not be divulged by the parties, by an arbitrator, by any emergency arbitrator, by any expert to the arbitral tribunal, by any secretary of the arbitral tribunal, or by the Chamber (including its officers and employees). Unless otherwise agreed in writing by the parties or required by applicable law, the members of the arbitral tribunal, any emergency arbitrator, any expert to the arbitral tribunal, any secretary of the arbitral tribunal, and the Chamber (including its officers and employees) shall keep confidential all matters relating to the arbitration or the award. Article 41: Limitation of liability 41.1 None of the members of the arbitral tribunal, any secretary of the arbitral tribunal, any emergency arbitrator, any expert to the arbitral tribunal, and the Chamber (including its officers and employees) shall be liable to any party for any act or omission in connection with any arbitration conducted under these Rules, except where such act or omission is shown by that party to be the consequences of conscious and deliberate wrongdoing, or to the extent that any part of this limitation of liability is shown to be prohibited by any applicable law. 41.2 None of the members of the arbitral tribunal, any secretary of the arbitral tribunal, any emergency arbitrator, any expert to the arbitral tribunal, and the Chamber (including its officers and employees) shall be under any legal obligation to make any statement about the arbitration, and no party shall seek to make any of these persons a party or witness in any judicial or other proceedings relating to the arbitration. Appendix I - Fee Schedule effective 1 October 2017 **28. Any dispute regarding the administrative fees, the Emergency Arbitrator Fee, the fees and expenses of the arbitral tribunal, or the fees of any secretary of the arbitral tribunal shall be determined by the Chamber.