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DIT Seeks FTA Arbitrators

The Department for International Trade says it is seeking suitably qualified people to become arbitrators of state-to-state free trade agreement disputes

Published on November 11, 2020

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The Department for International Trade says it is seeking suitably qualified people to become arbitrators of state-to-state free trade agreement disputes.

Successful candidates will be added to rosters of arbitrators. Arbitration panels will then be constituted from the rosters in accordance with the dispute settlement chapters of free trade agreements.

The arbitrator rosters are usually divided into 3 sub-lists: two lists for the preferred arbitrators of each party to the agreement and one 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.

FTAs usually define the qualifications of arbitration 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.

The first rosters will be 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

The DIT also aims to identify suitably qualified individuals for agreements currently under negotiation.

You can see the list of existing UK trade agreements with non-EU countries here: https://www.gov.uk/guidance/uk-trade-agreements-with-non-eu-countries

For a full description of candidate requirements and the application process go to www.gov.uk/government/publications/free-trade-agreement-fta-arbitration-panel-appointments-call-for-expressions-of-interest/fta-arbitrators-appointment-call-for-expressions-of-interest>/a>



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