Non Executive Directorships

EU – UK Trade and Cooperation Agreement: nominations for arbitrators and expert panellists.

Location: Ad hoc

Date Posted: 31/03/2021

Closing Date: 02/05/2021

Vacancy Description

Arbitrators and expert panellists: more about the opportunity

NB: If an individual on a list is appointed to an arbitration tribunal or panel of experts, they shall be remunerated in accordance with WTO standards. Please note that successful candidates will only be remunerated if their services are required and provided.The Government is seeking suitably qualified people to appoint to lists of arbitrators and expert panellists for the dispute settlement mechanisms within the UK – EU Trade and Cooperation Agreement (TCA). 

We are seeking expressions of interest from suitably qualified candidates who would like to be nominated to one or both of two lists:

  1. A list of arbitrators for the purposes of the main dispute settlement mechanism under the TCA. Arbitration tribunals may be constituted from the list in accordance with the dispute settlement chapter, currently Part Six Title (the Trade and Cooperation article numbers will be revised in due course, and an updated text published) of the TCA;
  2. A list of expert panellists for the purposes of dispute settlement in relation to certain provisions of the level playing field for open and fair competition Title (Title XI of Heading One of Part Two). A Panel of Experts may be constituted from the lists in accordance with Articles 9.2 and 9.3 of the TCA.

The arbitrator and expert panellist lists are divided into 3 sub-lists:

  • two lists for the preferred arbitrators or expert panellists of each Party to the agreement;
  • a list limited to nationals of third countries, from which the chair of an arbitration tribunal or panel of experts would be chosen.

The TCA includes requirements for the qualifications of all arbitrators at Article INST.16. These include demonstrated expertise in law and international trade or demonstrated expertise in law and any other matter covered by the TCA. Candidates’ attention is drawn to the specific areas of the TCA which are covered by the dispute settlement mechanism as set out in Article INST.10. In addition to trade matters, this includes road transport, air transport, aviation safety, fisheries and social security.

The TCA includes requirements for the qualifications of all expert panellists at Article 9.2 of Title XI of Heading One of Part Two. These include having specialised knowledge or expertise in labour or environmental law, other issues addressed in the relevant Chapter or Chapters, or in the resolution of disputes under international agreements. Candidates’ attention is drawn to the specific areas of the TCA which are covered by the panel of experts process, as set out in Article 9.1. These include labour and social standards, environment and climate, and other instruments for trade and sustainable development.

If a dispute were to occur, individuals from the lists may be appointed to an ad hoc tribunal or panel of experts to adjudicate. The duration of disputes can vary considerably; however, the responsibilities associated with chosen arbitrators or panellists may extend beyond 18 months.

Person Specification

Essential Experience

For the list of arbitrators, as set out in INST.16, candidates must have demonstrated expertise in law and international trade or in law and any other matter covered by the main dispute settlement mechanism as set out in Article INST.10.

For the list of expert panellists, candidates must have specialised knowledge or expertise in labour or environmental law, other issues addressed in the relevant provisions covered by the panel of experts mechanism as set out in Article 9.1 or in the resolution of disputes under international agreements.

All candidates should have the ability to conduct arbitration proceedings and/or panel of expert proceedings and to draft an arbitration decision or panel report in English, which is the working language of the arbitration and panel of experts proceedings.

In the case of a chairperson for either the arbitration list or the panel of experts list, it is necessary to have experience of state-to-state dispute settlement procedures.

Desirable Experience

In addition to meeting the essential experience in section 2.1, the panel will also consider experience or skills in the following areas when assessing applications:

  • specialised knowledge of public international law, or other areas of law relevant to the substantive provisions of the TCA, including as practised from a common law background;
  • sector specific experience in matters covered by the TCA;
  • experience as an adjudicator (judge, tribunal member, panellist, arbitrator, mediator) in disputes arising under international agreements;
  • experience as lead counsel in a state-to-state trade dispute under the WTO Dispute Settlement Understanding or a free trade agreement.

Code of Conduct

All arbitrators, expert panellists and chairpersons will be required to follow the TCA’s code of conduct, currently ANNEX INST – Code of Conduct for Arbitrators. The code of conduct applies mutatis mutandis to expert panellists and includes, but is not limited to, the following attributes:

  • independence and impartiality;
  • high standards of conduct;
  • avoiding direct or indirect conflicts of interest, or the appearance of impropriety or bias.

Nationality Requirements

Applicants do not need to be UK nationals.

Candidates for the role of the Chairperson cannot be nationals of either the UK or any EU member state.

Eligibility

To be considered for appointment:

  • you must not be affiliated with the Government of the United Kingdom, the Government of a Member State or the European Union institutions and must be a person of demonstrable independence and impartiality;
  • candidates must be available for service and be able to make the necessary time commitments, including service on an arbitration tribunal or panel of experts if called upon to do so;
  • applicants must be willing and able to travel internationally.

Sitting judges will not be eligible for appointment. This includes those who are salaried, fee paid or sitting in retirement.

Additional Information

Nomination to a UK – EU bilateral ad hoc body, not an UK public body.

How we will use your data

Candidates must complete a candidate declaration form as part of our due diligence checks. The form includes declarations of:

  • conflicts of interest or perceived conflicts of interest;
  • previous conduct which could bring HMG’s reputation into disrepute;
  • political activity and referees for character reference checks.

Please note, that as part of the due-diligence process we will also carry out searches of candidates’ public statements, and publicly available social media profiles. The information given in this form will be provided separately to the panel and appointing authority and may be discussed with you.

Please be aware that our assessment panels will involve colleagues across several government departments and so by applying for one of these posts you are providing your consent for the information provided within the application to be shared by departments involved in our assessment process. This will also mean that your application may be retained for consideration for future vacancies unless you inform us that you wish to be removed from consideration for these roles.

Further information on how we will handle applicants’ information is contained in the privacy notice.

A copy of this advert can be found here on GOV.UK.

How to Apply

Applicants must submit the following to TCAdisputesettlement@cabinetoffice.gov.uk:

  • a cover letter (1,000 words maximum);
  • a CV (3 single-sided pages maximum), noting all nationalities held by the candidate;
  • two professional reference contacts who must provide written statements on request;
  • a completed declaration form.

In the covering letter, applicants should set out their reasons for applying, their suitability for the role and how they meet the requirements set out in the essential and desirable experience sections of this advertisement. Candidates should specify whether they wish to be considered for the list of arbitrators, the list of expert panellists or both. Additional information provided that exceeds the categories requested above will not be considered.

The declaration and diversity monitoring forms may be completed digitally using the Fill and Sign feature in Adobe Acrobat.

 

Deadline for application

 The deadline for receipt of applications is 11.59pm on 2 May 2021. Any applications received after the deadline will not be considered.

Applications, and any queries about this process, should be sent to TCAdisputesettlement@cabinetoffice.gov.uk.

 

Selection and appointment process

 Candidates will be informed if they have been selected for inclusion in either list or if they have been selected for the shortlist from which future appointments to either list will be made.

For future appointments to either list, shortlisted applications will be kept under review for up to 1 year.

Shortlisted candidates may remove themselves from consideration for future rosters by notifying the Cabinet Office: TCAdisputesettlement@cabinetoffice.gov.uk.

We will also inform candidates who are not shortlisted.

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