Tribunal Secretaries – a path to arbitral efficiency or an abdication of responsibility?
In this sixth of a series of roundtable webinars for members of the CIArb London Branch, Richard Hoyle and Laetitia Souesme will each make short (5 minute) presentations and then lead what we are sure will be a lively and informative discussion among all attendees. Rules of Play apply (see below).
In this roundtable we focus on the developing use of Tribunal Secretaries, currently mostly by international arbitral tribunals. Particular attention will be given to case experience, procedural issues and practical insights.
- Richard Hoyle (Speaker), Barrister of Essex Court Chambers, is an experienced junior with a broad commercial practice which encompasses both international and domestic disputes. With a case mix that is split fairly evenly between commercial litigation and international arbitration, many of Richard’s matters have a cross-border element, often including choice of law and jurisdictional issues. In terms of substantive law, recent cases have involved: a wide range of contractual issues; financial transactions and instruments; joint venture/shareholder disputes; data protection; economic torts; fraud; trusts and tracing. Some have also included treaty interpretation and other questions of public international law. Richard has participated in arbitrations both with and without Tribunal Secretaries, but remains somewhat sceptical of their use.
- Laetitia Souesme (Speaker) is a solicitor advocate and Partner (elect) in the Litigation/ Arbitration group of the White & Case based in the London office. Laetitia has experience representing clients in both international arbitration and commercial litigation in a variety of disputes ranging from construction disputes to shareholders' and financial services disputes. She has particular experience acting in disputes involving complex technical or quantum evidence. Laetitia also frequently advises on a range of contractual, corporate and jurisdictional issues, as well as on the drafting of dispute resolution clauses and the enforcement and recognition of judgments or arbitration awards. Laetitia regularly acts in arbitrations involving the use by tribunals of a tribunal secretary and has herself previously acted as tribunal secretary.
- Daniel Djanogly (Moderator) is a Chartered Arbitrator, expert determiner and forensic accountant expert witness. He specialises in accounting, financial and valuation issues in M&A, shareholder, partnership and other complex business-related disputes, and fraud. He is a Partner in the forensic services team at BTG Advisory LLP (part of the Begbies Traynor Group). Daniel is Vice-Chair of the London Branch.
Rules of Play: 1) Chatham House Rules will apply. 2) During the course of each topic discussion, attendees may submit to the Moderator (by the electronic means to be provided) a brief outline of their intended contributions. Contributions may include responses to contributions by others. Submissions made before the discussion will not be accepted. 3) The Moderator will choose from the contributions and those invited will speak and appear by video. In the time available, and to allow for contributions from the presenters, it is possible that not all wishing to speak will have the opportunity. 4) Contributions should be brief, and the Moderator may exercise editorial control to keep the discussion moving along.