Whether Delegation or Assistance: Clarifying the Role of Tribunal Secretaries in ICC Arbitration

This paper explores the evolving role of tribunal secretaries in arbitration, with a focus on the landmark 2023 decision by the Belgian Supreme Court in Emek Insaat Sti Ltd and WTE Wassertechnik GmbH v. European Union. The court upheld the principle that secretaries may assist arbitrators in drafting awards under necessary supervision, provided that ultimate decision-making authority remains with the arbitrators. This decision aligns with international practices, reflecting a pragmatic balance between procedural efficiency and the integrity of arbitration. Analyzing key aspects of the case, including allegations of improper delegation, the International Chamber of Commerce (ICC) guidelines, and the court’s reasoning, this note highlights the safeguards necessary to preserve fairness and autonomy in arbitration. The implications of this ruling for global arbitration practices are discussed, emphasizing the need for greater clarity and harmonization of rules governing secretarial involvement in arbitral processes.