Clause 6
6. Administrative assistance. In order to facilitate the conduct of the arbitral proceedings, the
parties, or the arbitral tribunal with the consent of the parties, may arrange for administrative assistance
by a suitable institution or person.
EXPLANATION
This arbitration clause, “Administrative assistance.—In order to facilitate the conduct of the arbitral proceedings, the parties, or the arbitral tribunal with the consent of the parties, may arrange for administrative assistance by a suitable institution or person,” is designed to streamline and support the arbitration process. Let’s break down its components:
1. Purpose: “In order to facilitate the conduct of the arbitral proceedings…”
This clearly states the clause’s primary objective: to make the arbitration process smoother and more efficient.
Arbitration, while designed to be less formal than court litigation, still involves numerous administrative tasks. This clause acknowledges the need for assistance with these tasks.
2. Actors: “…the parties, or the arbitral tribunal with the consent of the parties…”
The Parties: This means the individuals or entities involved in the dispute can independently seek administrative assistance. They might do this early in the process, before the tribunal is formed, or at any later stage.
The Arbitral Tribunal with the consent of the parties: Once the tribunal is constituted, it can also initiate arrangements for administrative support. However, this requires the consent of all parties involved. This ensures that no party feels pressured or disadvantaged by the tribunal’s choice of administrative assistance. This requirement of consent is very important, as it helps to maintain fairness, and neutrality.
3. Action: “…may arrange for administrative assistance…”
“May arrange” indicates that obtaining administrative assistance is optional, not mandatory. The parties or the tribunal have the discretion to decide whether such assistance is needed.
“Arrange” suggests a proactive role in securing the necessary support.
4. Provider: “…by a suitable institution or person.”
This provides flexibility in the type of assistance that can be obtained.
Suitable Institution: This could include:
Established arbitration institutions (e.g., ICC, LCIA, AAA) that offer administrative services.
Specialized dispute resolution organizations.
Even law firms or other organizations with expertise in arbitration administration.
Suitable Person: This could be:
A dedicated case administrator.
A legal secretary or assistant with arbitration experience.
A retired judge or lawyer familiar with arbitration procedures.
“Suitable” emphasizes the need for competence and impartiality. The chosen institution or person should possess the necessary skills and experience to provide effective support without creating conflicts of interest.
Examples of Administrative Assistance:
Case Management:
Scheduling hearings and meetings.
Managing document submissions and exchanges.
Maintaining case files and records.
Handling correspondence between the parties and the tribunal.
Logistical Support:
Arranging for hearing venues.
Providing interpretation and translation services.
Organizing travel and accommodation for participants.
Financial Administration:
Collecting and managing arbitrator fees and expenses.
Handling payments to service providers.
Technical Support:
Providing platforms for virtual hearings.
Managing electronic document repositories.
Assisting with the use of technology during the arbitration.
Importance of the Clause:
Efficiency: Administrative assistance can significantly reduce the time and effort required to manage the arbitration process.
Organization: It helps ensure that the proceedings are conducted in a structured and organized manner.
Neutrality: Using a reputable institution can enhance the perceived neutrality and impartiality of the arbitration.
Cost-Effectiveness: While there may be costs associated with administrative assistance, it can prevent delays and inefficiencies that lead to higher overall costs.
Flexibility: The clause allows the parties and the tribunal to tailor the level of administrative support to the specific needs of the case.
In essence, this clause is a practical tool that empowers parties and arbitrators to optimize the arbitration process by leveraging external administrative expertise.
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KaMaRaJ
Vasantham.kamaraj@gmail.com
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