Expressions of interest in relation to UK/EU trade and cooperation agreement arbitrators
The government is seeking people to appoint to lists of arbitrators and expert panellists for the dispute settlement mechanisms within the UK-EU Trade and Cooperation Agreement (TCA).
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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 have previously run Expression of Interest campaigns for the same lists this year. However, we are giving suitably qualified individuals who have not yet had the chance to apply an opportunity to do so. This campaign is open to all eligible candidates (see criteria below), including, but not limited to, part-time (fee paid) judges (including retired judges who sit occasionally in retirement).
If you have already applied to either of the Government’s previous two campaigns, please do not submit another application. If you missed the deadline for the previous campaigns, or were ineligible for the last one (but now eligible under this one), you will need to submit an application under this campaign to be considered for selection.
All new applicants under this campaign and all those candidates who previously applied in the previous two campaigns (ending on 2 May 2021 and 14 July 2021 respectively) will be considered for appointment using the same process, application requirements, and assessment criteria.
1. Arbitrators and expert panellists: more about the opportunity
We are seeking expressions of interest from suitably qualified candidates who would like to be nominated to one or both of two lists:
(i) 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 title of the TCA (Part Six Title 1).
(ii) A list of expert panellists for the purposes of dispute settlement in relation to certain provisions of the title on the level playing field for open and fair competition (Title XI of Heading One of Part Two). A panel of experts may be constituted from the lists in accordance with Articles 409 and 410 of the TCA.
The arbitrator and expert panellist lists are divided into three 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 741. 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 735. 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 409 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 408. 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.
2. Requirements
2.1 Essential experience
For the list of arbitrators, as set out in Article 741, 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 735.
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 408 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.
2.2 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.
2.3 Code of conduct
All arbitrators, expert panellists and chairpersons will be required to follow the TCA’s code of conduct set out in ANNEX 49 - 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
2.4 Diversity
HMG embraces and values diversity in all forms. We welcome and pride ourselves on the positive impact diversity has on the work we do, and we promote equality of opportunity throughout the organisation. We therefore encourage applications from the widest range of qualified individuals.
2.5 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 states.
2.6 Eligibility
To be considered for appointment under this campaign:
• you must not otherwise 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
• Salaried judges will not be eligible for appointment.
3. Application process
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 (above)
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 section 2.1 and 2.2. 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 may be completed digitally using the Fill and Sign feature in Adobe Acrobat.
4. Remuneration
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.
5. 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 3 years. 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.
6. Deadline for application
The deadline for receipt of applications is 11pm on 19 September 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.
7. How we will use your data
7.1 Candidate declaration form
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 (above).
The closing date for applications is 11pm on 19/09/2021.
Last updated 19 August 2021 + show all updates
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The UK government has reopened the Expression of Interest campaign 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).
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Page updated as per new terms and dates
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First published.