Volume 33 (2016) / Issue 3
James Menz, Anya George, 'How Much Assistance Is Permissible? A Note on the Swiss Supreme Courts Decision on Arbitral Secretaries and Consultants' (2016) 33 Journal of International Arbitration, Issue 3, pp. 311–323
This case note discusses the Swiss Supreme Court’s May 2015 decision on the use of arbitral secretaries and legal consultants. It places the ruling in the context of the current international debate about arbitral secretaries, spurred by the Yukos appeal, the Young ICCA and other surveys, and institutional guidelines and notes, focusing on the central issues of appointment, payment, and scope of duties. It concludes that while the decision has certain shortcomings, it represents a milestone and an appropriate, endorsement of the use of arbitral secretaries in arbitration.
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