Over the past few years, the use and role of tribunal secretaries in international arbitration has garnered considerable interest. In its 2021 International Arbitration Rules (“Rules”), the International Centre for Dispute Resolution (“ICDR”), recognizing the growing interest in the use of tribunal secretaries, established Article 17 entitled “Arbitral Tribunal Secretary” that simply provides:

The tribunal may, with the consent of the parties, appoint an arbitral tribunal secretary, who will serve in accordance with the ICDR guidelines.

As previously discussed in “28 U.S.C. § 1782: U.S. Supreme Court to Address Circuit Split,” ‎ in   ZF ‎Automotive US, Inc., et al. v. Luxshare, Ltd. and AlixPartners, LLP, et al. v. The Fund for ‎Protection of Investors’ Rights in Foreign States, Case No. 21-401, the Supreme Court is poised to address two issues: (1) whether Section 1782 extends to  private commercial arbitration and (2) whether an ad hoc arbitration to resolve a commercial dispute between a private party and a foreign state is a “foreign or international tribunal” where the arbitral panel does not exercise any governmental or quasi-governmental authority.

During the week of March 21, 2022, the United States Supreme Court is scheduled to hear ‎arguments in two cases that will affect arbitration. As previously reported, during that week, the ‎Supreme Court will address the split between the Circuits regarding the breadth of 9 U.S.C ‎‎§1782‎.

As previously reported on April 16, 2020, in “Private Arbitrations and the Use of 28 U.S.C. § 1782: A Patchwork of Availability,” there is a split among the Courts of Appeal as to whether the use of 28 U.S.C. §1782 extends to private commercial international arbitration.