Arbitration Services

Tribunal Secretary
Services in Turkey

Selin Özgören Özgören Law Firm Based in İzmir · Available Globally
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At a Glance
01
Independent role

The tribunal secretary assists the tribunal — not any party. Duties of independence and impartiality apply equally as they do to the arbitrators themselves.

02
No decision-making

Under the ICC Notes (2021), LCIA Rules (Art. 14A), and ICDR Guidelines (2022), the secretary may never exercise the tribunal's decision-making authority under any circumstances.

03
Transparency is the safeguard

Full disclosure of the secretary's CV, role, and compensation — and the parties' express consent — are required before the appointment can proceed under all major institutional rules.

As international arbitrations grow in complexity and volume, arbitral tribunals increasingly rely on a tribunal secretary to manage the procedural and administrative dimensions of a case. The role is well-established across all major institutions — but its scope, limits, and appointment process are governed by rules that both tribunals and parties should understand from the outset.

What Is a Tribunal Secretary?

A tribunal secretary — also called a secretary to the arbitral tribunal or administrative secretary — is an independent legal professional appointed to assist the arbitral tribunal with the procedural and administrative management of a case. The role is distinct from counsel: the secretary does not represent any party and owes duties of independence and impartiality to the tribunal itself.

According to a 2015 Queen Mary University survey, 82% of respondents had either used tribunal secretaries or seen them used in international arbitration proceedings. Leading institutions including the ICC, HKIAC, LCIA, ICSID, ICDR, and SCC all provide formal guidance on appointment and permissible use.

The "Fourth Arbitrator" Debate

The growing use of tribunal secretaries has not been without controversy. Critics have raised concerns that an overly involved secretary risks becoming a de facto "fourth arbitrator" — exercising undue influence over proceedings without the parties' explicit consent. This concern was at the heart of the Yukos arbitration (PCA Cases AA 226–228), in which Russia sought to set aside the awards partly on grounds of alleged improper delegation to a tribunal assistant.

The international arbitration community has responded with clear guidelines: the tribunal secretary has no decision-making authority. Under the ICC Notes to Parties and Arbitral Tribunals (2021), the arbitral tribunal may not delegate decision-making functions to an administrative secretary under any circumstances. The LCIA Rules (Article 14A) and the ICDR Guidelines (2022) adopt the same position.

"When used properly, arbitral secretaries can support arbitral tribunals in performing their mandate with greater efficiency and effectiveness." Young ICCA Guide on Arbitral Secretaries, 2014

How Does the Appointment Process Work?

Most institutional rules follow the same four-stage framework. Transparency at each stage is the principal safeguard against subsequent challenges to the award on grounds of improper delegation.

01
Proposal

The tribunal identifies a candidate and prepares a disclosure of the proposed secretary's CV, role description, and hourly rate. The proposal is communicated to all parties simultaneously.

02
Conflict Check

The proposed secretary conducts an independent conflicts search against all parties, counsel, and arbitrators. Any potential conflicts are disclosed to the tribunal and the parties before consent is sought.

03
Party Consent

The parties are given a reasonable period to review the disclosure and raise objections. Under the ICC Notes (2021) and LCIA Rules (Article 14A), the appointment may not proceed without the express agreement of all parties.

04
Formal Appointment

Once consent is obtained, the tribunal issues a procedural order confirming the appointment, defining the secretary's role, and setting out the terms of engagement — including confidentiality obligations.

References: ICC Notes (2021) · LCIA Rules, Art. 14A · Young ICCA Guide (2014) · ICDR Guidelines (2022)

What Services Does a Tribunal Secretary Provide?

The services below reflect the scope of what a properly appointed tribunal secretary performs across ICC, HKIAC, LCIA, UNCITRAL, ISTAC, and ad hoc proceedings.

Procedural Coordination

Drafting and tracking procedural timetables, managing submission deadlines and document exchange, maintaining the official case file and correspondence record, and coordinating between the tribunal, parties, and administering institution.

Hearing Management

Venue and technology coordination, scheduling of witnesses, experts, and interpreters, transcription and real-time hearing support, and facilitation of virtual and hybrid hearings.

Institutional Liaison

Acting as the primary contact between the tribunal and the administering institution — ICC Secretariat, HKIAC, ISTAC, LCIA — for compliance with administrative requirements and coordination of fee payments and advances.

Research & Drafting Assistance

When expressly authorised by the tribunal and disclosed to the parties: legal research on procedural and substantive issues, preparation of draft procedural orders, organisation and indexing of the evidentiary record, and preparation of hearing bundles and chronologies.

What Tasks Are and Are Not Permitted?

The scope of permissible tasks varies by institution and the parties' express agreement. The following reflects the consensus position across the ICC, LCIA, HKIAC, ICDR, and the Young ICCA Guide.

Always Permitted

  • Transmitting documents and correspondence on behalf of the tribunal
  • Organising and maintaining the tribunal's case files
  • Scheduling and coordinating hearings and meetings
  • Attending hearings and taking notes or minutes
  • Proofreading procedural orders for typographical errors
  • Handling invoices and fee-related administration

Permitted When Expressly Authorised

  • Legal research on procedural and substantive issues
  • Reviewing submissions and summarising evidence
  • Drafting procedural orders and factual histories
  • Preparing hearing bundles, chronologies, and indices
  • Attending tribunal deliberations (where institutional rules permit)
  • Drafting parts of the award under tribunal supervision

Never permitted under any circumstances: Exercising the tribunal's decision-making authority, expressing opinions on the substance of the dispute, or substituting for the arbitrators' personal judgment on any matter they are called upon to decide.

The boundary between permissible assistance and impermissible delegation is the arbitrators' personal exercise of judgment. Everything the secretary does must be transparent to the parties and authorised by the tribunal — never assumed.

Relevant Background & Approach

Institutional Experience

Selin Özgören gained direct case administration experience at the Hong Kong International Arbitration Centre (HKIAC) and contributed to proceedings at the UNCITRAL Secretariat in Vienna — providing familiarity with how leading institutions administer cases from the inside, and what tribunals require in practice.

Independence

As a sole practitioner with no institutional affiliations that could give rise to conflicts of interest, Özgören Law Firm is in a position to serve as tribunal secretary across institutions and jurisdictions. Independence from any party or their counsel is a structural feature of the firm's practice.

Bilingual Capacity

Fluent in English and Turkish and certified as a sworn translator by the Turkish Ministry of Justice, Selin Özgören manages proceedings and documentation in both languages — relevant in arbitrations with a connection to Turkey, the MENA region, or the African continent.

Frequently Asked Questions on Tribunal Secretaries

The questions below address the issues most commonly raised by arbitrators and parties considering the appointment of a tribunal secretary.

The tribunal secretary is appointed by the arbitral tribunal, typically with the agreement of all parties. Under the ICC Notes to Parties and Arbitral Tribunals (2021), the LCIA Rules (Article 14A), and the ICDR Guidelines for Utilizing Tribunal Secretaries (2022), the tribunal must notify the parties of its intention to appoint a secretary, disclose the proposed secretary's CV, role, and compensation rate, and obtain the parties' express consent before the appointment proceeds. A transparent appointment process is essential to minimise the risk of subsequent challenges to the award.
Permissible tasks fall on a spectrum. At one end, purely administrative duties — timetabling, correspondence, hearing logistics, maintaining case files — are universally accepted. The Young ICCA Guide on Arbitral Secretaries (2014, Article 3) recognises that secretaries may also review submissions and evidence, attend tribunal deliberations, and assist with drafting procedural orders, provided the tribunal expressly authorises these tasks and discloses them to the parties. The one absolute limit across all institutions: the secretary must never exercise the tribunal's decision-making function.
The "fourth arbitrator" concern arises when a tribunal secretary becomes so involved in a case that they effectively exercise influence over the tribunal's decision-making — without the parties' knowledge or consent. This was at issue in the Yukos arbitration (PCA Cases AA 226–228), where Russia sought to set aside the awards partly on grounds of alleged improper delegation to a tribunal assistant. The risk is managed through transparency: parties must be informed of the secretary's role from the outset, and the secretary must never substitute for the arbitrators' personal judgment on substantive matters.
No — the roles are entirely distinct. Counsel represents and advocates for a party. The tribunal secretary assists the tribunal itself and owes duties of independence and impartiality to all parties equally. A tribunal secretary must have no prior connection to any party or their counsel that could compromise this independence, and must make full disclosure of any potential conflicts before appointment.
The secretary's fees are typically paid by the parties as part of the overall costs of the arbitration, usually on an hourly rate basis. The proposed compensation rate is disclosed to the parties at the time of appointment. Some institutions — including the ICC and ICDR — provide guidance on permissible rates; others leave it to the tribunal's discretion.
Yes. Tribunal secretaries are used in both institutional and ad hoc arbitrations. In ad hoc proceedings — including those under UNCITRAL Rules — the appointment is governed by the tribunal's procedural orders and the agreement of the parties rather than institutional guidelines. The same principles of transparency, independence, and limited scope apply regardless of the procedural framework.
The ICC (Notes to Parties and Arbitral Tribunals, updated 2021), LCIA (Rules, Article 14A), HKIAC (Practice Note on Arbitral Secretaries), ICDR (Guidelines for Utilizing Tribunal Secretaries, 2022), and SCC all provide formal guidance. The Young ICCA Guide on Arbitral Secretaries (2014) remains the most comprehensive cross-institutional reference.

Tribunal Secretary Enquiries

For availability and further information regarding tribunal secretary appointments in ICC, HKIAC, LCIA, UNCITRAL, ISTAC, or ad hoc proceedings, please reach out directly.

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This page is provided for informational purposes only and does not constitute legal advice or an offer of legal services. For assistance with a specific matter, please contact the firm directly. © Özgören Law Firm 2026. All rights reserved.