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Tribunal Secretary
Services in Turkey

Independent, discreet, and experienced procedural support for arbitral tribunals — from case management to hearing coordination. Based in Izmir, available globally.

What is a tribunal secretary?

A tribunal secretary — also referred to as 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. As arbitrations have grown in factual and technical complexity, the use of secretaries has become standard practice in high-value institutional cases.

In complex international arbitrations, tribunals increasingly rely on secretaries to manage the considerable administrative burden of proceedings — allowing arbitrators to focus their time and attention on the substantive legal and factual issues in dispute. Leading institutions including the ICC, HKIAC, LCIA, ICSID, ICDR, and SCC all provide formal guidance on the appointment and permissible use of tribunal secretaries.

The role requires a rare combination of skills: deep procedural knowledge of international arbitration rules, the ability to handle sensitive and confidential information with absolute discretion, strong organisational capacity, and the legal acumen to assist with research and drafting tasks when authorised by the tribunal.

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 landmark Yukos case, in which Russia sought to set aside 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 (updated 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. Properly appointed and supervised, a tribunal secretary enhances efficiency without compromising the integrity of the process.

Appointment Process

Most institutional rules require the tribunal to notify the parties of its intention to appoint a secretary, disclose the proposed secretary's CV, role, and compensation rate, and obtain the parties' agreement before the appointment proceeds. Transparency at the appointment stage is essential — a well-conducted appointment process minimises the risk of subsequent challenges to the award on grounds of improper delegation.

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

Case Management

Organising procedural timetables, tracking submissions, and ensuring deadlines are met across all phases of the arbitration.

Institutional Liaison

Acting as the point of contact between the tribunal and the administering institution — ICC Secretariat, HKIAC, ISTAC, and others.

Hearing Logistics

Coordinating hearing venues, technology, interpretation, transcription services, and the management of witness and expert schedules.

Research & Drafting Support

When authorised by the tribunal, assisting with legal research, preparation of procedural orders, and organisation of the evidentiary record.

Confidentiality

Maintaining strict confidentiality with respect to tribunal deliberations and all case materials — a non-negotiable requirement of the role.

Tribunal secretary services

A

Procedural Coordination

End-to-end case management
  • Drafting and tracking procedural timetables
  • Managing submission deadlines and document exchange
  • Maintaining the official case file and correspondence record
  • Coordinating between the tribunal, parties, and institution
B

Hearing Management

Logistics and on-site support
  • Venue coordination and technology setup
  • Scheduling of witnesses, experts, and interpreters
  • Transcription and real-time hearing support
  • Virtual and hybrid hearing facilitation
C

Institutional Liaison

Interface with arbitral institutions
  • Communication with ICC, HKIAC, ISTAC, LCIA case management teams
  • Compliance with institutional rules and administrative requirements
  • Coordination of fee payments, advances, and cost decisions
D

Research & Drafting Assistance

When authorised by the tribunal
  • Legal research on procedural and substantive issues
  • Preparation of draft procedural orders
  • Organisation and indexing of evidentiary record
  • Preparation of hearing bundles and chronologies

Permissible tasks — a practical guide

The scope of what a tribunal secretary may do 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, taking notes or minutes
  • Proofreading procedural orders and awards for typographical errors
  • Handling invoices and fee-related administration

✓ Permitted When Expressly Authorised

  • Legal research on procedural and substantive issues
  • Reviewing parties' submissions and summarising evidence
  • Drafting procedural orders and factual/procedural histories
  • Preparing hearing bundles, chronologies, and indices
  • Attending tribunal deliberations (where permitted by institution)
  • Drafting parts of the arbitral 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.

What sets us apart

01

Hands-On 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 — giving her an insider understanding of how leading institutions operate and what tribunals need.

02

Genuine Independence

As a sole practitioner with no institutional conflicts, Özgören Law Firm can serve as tribunal secretary in cases across all institutions and jurisdictions without the conflict-of-interest concerns that can arise with larger firms. Full independence is a guarantee, not a aspiration.

03

Bilingual Precision

Fluent in English and Turkish and certified as a sworn translator by the Turkish Ministry of Justice, Selin Özgören can manage proceedings and documentation in both languages with equal precision — particularly valuable in Turkey-related arbitrations.

Frequently asked about tribunal secretaries

If you have a question not answered here, feel free to reach out directly.

Who appoints the tribunal secretary?
The tribunal secretary is appointed by the arbitral tribunal, typically with the agreement of all parties. Under the ICC Notes (2021), the LCIA Rules (Article 14A), and the ICDR Guidelines (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 consent before the appointment proceeds. A transparent appointment process is essential to minimise the risk of subsequent challenges to the award.
What tasks can a tribunal secretary legitimately perform?
Permissible tasks fall on a spectrum. At one end, purely administrative duties — timetabling, correspondence, hearing logistics, maintaining case files — are universally accepted. Further along the spectrum, the Young ICCA Guide (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.
What is the "fourth arbitrator" problem?
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, where Russia sought to set aside 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.
Is the tribunal secretary the same as the parties' counsel?
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.
How is the tribunal secretary compensated?
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. Secretaries generally bill at a lower rate than arbitrators, which is one of the efficiency arguments in favour of their use.
Can a tribunal secretary be appointed in ad hoc arbitrations?
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.
Which institutions provide formal guidelines on tribunal secretaries?
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. Özgören Law Firm is familiar with all of these frameworks through direct institutional experience.

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