Guidance

FTA arbitrators appointment: call for expressions of interest

Published 6 November 2020

DIT is seeking suitably qualified people to appoint to rosters of arbitrators for the state-to-state dispute settlement mechanisms within several of the free trade agreements that the UK has signed or that are currently under negotiation.

1. Arbitrators: more about the opportunity

We are seeking expressions of interest from suitably qualified candidates who would like to be nominated to these rosters of arbitrators. Arbitration panels may be constituted from the rosters in accordance with the dispute settlement chapters of free trade agreements.

We want to identify a pool of qualified people we can use to populate various rosters that will be established in accordance with our free trade agreements. The arbitrator rosters are usually divided into 3 sub-lists:

• 2 lists for the preferred arbitrators of each party to the agreement;
• a list limited to nationals of third countries, from which the chair of an arbitration panel would be chosen

Some agreements also include additional specialised rosters of subject experts for disputes related to financial services, sustainability or labour.

The FTAs usually include requirements for the qualifications of all panellists, for example, requiring specialised knowledge and experience of law and international trade. Some agreements have additional requirements for the sector specific rosters.

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

2. The rosters we aim to establish

We’re seeking to nominate people to serve on general dispute settlement rosters and specialised rosters for disputes related to financial services, sustainability or labour rights.

We will seek to appoint arbitrators for rosters for the following agreements:

• UK-Andean countries trade agreement
• CARIFORUM-UK economic partnership agreement
• UK-Central America association agreement
• UK-Chile association agreement
• UK-Georgia strategic partnership and co-operation agreement
• UK-Jordan association agreement
• UK-Kosovo partnership, trade and co-operation agreement
• UK-Pacific economic partnership agreement (EPA)
• South African Customs Union and Mozambique (SACUM)-UK economic partnership agreement (EPA)
• UK-South Korea trade agreement
• UK-Tunisia association agreement
• UK-Ukraine political, free trade and strategic partnership

We also aim to identify suitably qualified individuals for agreements currently under negotiation. Read the full list of existing UK trade agreements with non-EU countries.

3. Requirements

3.1 Essential experience

Candidates must demonstrate requirement 1 in full and at least one of the requirements from 2 to 5.

1. specialised knowledge of law and international trade with 8 years proven experience in these fields

2. experience as an adjudicator (judge, tribunal member, panellist, arbitrator, mediator) in disputes arising under international agreements

3. experience as lead counsel in a state-to-state trade dispute under the WTO Dispute Settlement Understanding or a free trade agreement

4. experience as an academic teaching and/or researching in the field of international trade law for at least 10 years

5. (for specialised rosters) specific expertise in financial services law or regulation, international environmental law or international labour law (including resolution of disputes arising under relevant international agreements)

To be considered for specialised rosters on financial services, sustainable development and labour, you must demonstrate requirements 1 and 5 as a minimum.

3.2 Desirable experience

In addition to meeting the essential experience in paragraph 3.1, the panel will also consider experience or skills in the following areas when assessing applications:

• specialised knowledge of public international law or EU law
• bilingual proficiency in languages covered by UK free trade agreements with non-English speaking states
• sector specific experience in matters covered by the UK FTAs
• knowledge of devolution and the devolution settlement arrangements

3.3 Code of conduct

All arbitrators and chairpersons will be required to follow a code of conduct. The code of conduct may vary depending on the agreement, but will include some of the following attributes:

• objectivity: expressing or dealing with facts or conditions as perceived without distortion by personal feelings, prejudices, or interpretations
• reliability: consistently good in quality or performance
• integrity: being honest and having strong moral principles
• impartiality: treating all disputants equally

3.4 Diversity

DIT 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.

3.5 Nationality requirements

Applicants do not need be UK nationals.

Candidates for the role of the Chairperson cannot be nationals of either the UK or the other party to any of the specific agreements. However, any such individuals may still be considered for other agreements, or as other arbitrators within the panels established.

3.6 Eligibility

To be considered for appointment:

• you must not be affiliated with or take instruction from the UK government when listed on any of the rosters
• applicants must be available for service and be able to make the necessary time commitments, including service on a panel 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.

4. Application process

Applicants must submit the following to ArbitratorsEOI@trade.gov.uk:

• a cover letter (1,000 words maximum)
• a CV (3 single-sided pages maximum)
• 2 professional reference contacts who must provide written statements on request
• a completed declaration form (PDF, 225KB)
• a completed diversity monitoring form (PDF: 213KB)

In the covering letter, applicants should set out their reasons for applying and how they meet the requirements set out in section 3.1 and 3.2. 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.

Within the declaration form, applicants must declare if they are currently taking instruction from or affiliated with any government with which the UK has signed or is currently negotiating a free trade agreement. Applicants can specify in the application form if they have a preference for a specific free trade agreement roster or specialised rosters from those listed in section 2.

5. Remuneration

If an individual on a roster is appointed to a panel, they shall be remunerated in line with the specific terms set out in the relevant FTA. In many cases, this is equivalent to the rates for WTO panellists. Please note that successful candidates will only be remunerated if their services are required and provided.

6. Selection and appointment process

Candidates will be informed if they have been selected for inclusion in a specific roster or if they have been selected for the shortlist from which appointments for rosters will be made in the future.

Given the requirement to appoint individuals to agreements that are still being negotiated, shortlisted applications will be kept under review for up to 2 years.

Shortlisted candidates may remove themselves from consideration for future rosters by notifying DIT: ArbitratorsEOI@trade.gov.uk.

We will also inform candidates who are not shortlisted.

7. Deadline for application

The deadline for receipt of applications is 11.59pm on 6 December 2020. Any applications received after the deadline will not be considered.

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

8. How we will use your data

8.1 Candidate declaration form

Applicants 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 the reputation of the department 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’ financial probity, 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.

8.2 Diversity monitoring form

The information collected within the diversity monitoring form will be used to assess our performance against our department’s diversity and inclusion objectives. Diversity monitoring forms will not be seen by the assessment panel and diversity information shared will be anonymised and used in aggregated format.

Please be aware that our assessment panels will involve colleagues across several government departments and so by applying to this job 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 rosters unless you inform us that you wish to be removed from consideration for these roles.