Global Arbitration Review

Reed Smith lawyers have contributed to The Guide to Challenging and Enforcing Arbitration Awards - Fourth Edition.

Lucy Winnington-Ingram has authored a chapter for the Fourth Edition of The Guide to Challenging and Enforcing Arbitration Awards: Awards: Challenges based on misuse of tribunal secretaries

The chapter focuses on the evolving role of tribunal secretaries within international arbitration proceedings, specifically addressing the legal and procedural implications that arise when their involvement extends beyond administrative assistance into substantive decision-making.

The chapter includes a comprehensive analysis of recent jurisprudence and institutional guidelines, examining the circumstances under which the actions of tribunal secretaries may give rise to challenges against arbitral awards.

The discussion also includes a detailed review of the standards applied by courts and arbitral institutions in determining whether the boundaries of a secretary’s role have been overstepped, and the potential consequences for the validity of the award.

This article was first published on Global Arbitration Review in June 2025; for further in-depth analysis, please visit GAR - Awards: Challenges based on misuse of tribunal secretaries.

Sally-Ann Underhill and Kevin Wright have co-authored a chapter for GAR's Guide to Challenging and Enforcing Arbitration Awards - Fourth Edition. Their chapter explores, " Awards: Early-stage consideration of enforcement issues"

When preparing for arbitration, it’s crucial to consider enforcement from the outset to avoid future obstacles—this article outlines key strategic considerations to help ensure arbitral awards are ultimately effective:

Early enforcement strategy – Parties should plan for enforceability at the contract-drafting stage, selecting a seat and arbitration clause that support future award enforcement.

Seat matters – Choosing a pro‑enforcement seat under the New York Convention is critical, as awards can be set aside or refused if the seat’s courts are hostile.

Anticipate enforcement hurdles – Consider asset location, debtor solvency, procedural notice, public‑policy issues, sovereign immunity, plus domestic court procedural quirks.

Leverage proactive remedies – Use clauses for consent-to-judgment, avoid drafting pitfalls, and explore interim measures (e.g. freezing orders) and enforcement-first court strategies.

This article was first published on Global Arbitration Review in June 2025; for further in-depth analysis, please visit GAR - Awards: Early-stage consideration of enforcement issues.