The use of tribunal secretaries in international arbitration brings many benefits, but equally requires safeguards. In the absence of comprehensive case law, institutional rules and international guidelines provide a certain amount of guidance. This contribution seeks to identify the pitfalls and the solutions. Importantly, the use of tribunal secretaries varies considerably, depending on personal preferences and regional and cultural patterns. Given that despite some concerns the use of tribunal secretaries is widespread, a constructive discussion on how to regulate the role of tribunal secretary is important. The appointment mechanism and the tribunal secretary’s independence and impartiality, and mandate need to be ensured and clear, as do their tasks and the basis for remuneration. Different institutions provide different guidance, including in relation to the much debated issue whether and if so to what extent, a tribunal secretary may be involved in more substantive tasks, including drafting the award.

This chapter starts to analyse the institutional frameworks of different international courts and tribunals in comparative perspective. More importantly, it introduces the invisible army of legal bureaucrats (clerks, registry and secretariat officials, and arbitral secretaries) who assist international adjudicators in their daily duties. The story focuses on their backgrounds, their modes of recruitment and promotion, their relationship with the judges and arbitrators they are called to serve, and the ambiguities inherent in that relationship. From here onwards, the role of bureaucrats in the judicial process will come into sharper relief. Their duties typically include: summarizing the parties’ arguments for the benefit of the adjudicators, conducting legal and factual research on the disputed issues, circulating internal memoranda that suggest options on how to solve the case, assisting in the preparation of oral questions for hearings, attending deliberations, and drafting the final judgments or awards.