Research On The Improvement Of Management System Of Tribunal Secretary

In recent years,the number and complexity of cases accepted by commercial arbitration institutions have been on the rise,which has brought huge challenges to the work of case managers.In fact,the arbitration rules of various arbitration institutions have inadequate systems for the appointment and management of case managers,which leads to the fuzzy role positioning and the unclear scope of responsibilities of them.Therefore,in practice,there have been many cases in which the parties questioned the work of the case managers.There are hidden dangers in the appointment and management of case managers by various arbitration institutions in China.There is no mention of the case managers in the Arbitration Law as well as few provisions related to the case managers in the arbitration rules of various institutions.The degree of disclosure of legal documents related to the conduct of the case managers is not high,which ultimately leads to the management of the case managers’conduct in arbitration cases cannot be guaranteed institutionally,and it is also difficult for the arbitration parties affected by the secretary’s misconduct to obtain relief.Therefore,China should gradually improve the case managers’institutional management system from the Arbitration Law,to the arbitration rules and then to the guidelines for case managers,and refine the management system of case managers from the aspects of the definition,selection,disclosure,avoidance and responsibility,etc.At the same time,the advanced foreign experience shall also be appropriately used to guide Chinese arbitration institutions to be geared to international standards,and the system of the arbitration tribunal sectary shall be appropriately introduced.