From a post at the Kluwer Arbitration Blog:
The role of the tribunal secretary in international arbitration has been called an “enormously grey area” that has been subject to instances of “abuse.” With concerns of the secretary going beyond his or her position as an assistant to the tribunal and becoming a decision-making “fourth arbitrator,” the proper role of the tribunal secretary has been a regular topic of discussion within the international arbitration community in recent years.
Advocates for broad responsibilities contend that tribunal secretaries increase the efficiency of the arbitration proceeding, allow the arbitrators to focus on deliberating on the merits, and enable tribunals to render awards faster. It also is commonly noted that using a tribunal secretary is cost effective because the hourly rate of a secretary is well below the rate of the arbitrators.
By contrast, those who advocate for a limited role for tribunal secretaries argue that the selection of arbitrators is intuitus personae (“because of the person”) and therefore there should be no delegation by them. Unlike domestic judges who cannot refuse a case due to a busy docket, the position of arbitrators is voluntary and they can simply decline appointment if they would need assistance from a secretary. In addition, some express concern that any summary or research performed by the tribunal secretary necessarily bears the secretary’s perspective and thus might improperly influence the arbitrator’s own evaluation.
It seems to me that the role of secretariats is an under-studied element of international law and organizations. I highly recommend someone taking up this area of research, although it won't be easy to get anyone to talk about it.
