Member (appointment to roster), International Trade and International Investment Dispute Settlement Bodies

A number of international trade and investment agreements to which Canada is a party provide for the establishment of rosters of persons available to serve on dispute settlement bodies. Should a dispute arise under the agreement, individuals from the roster are named to the dispute settlement body through a process specified in the relevant agreement to determine the dispute in accordance with the provisions of the agreement.

At this time, Government of Canada is seeking applicants for appointment to rosters for the following bodies:

North American Free Trade Agreement (NAFTA)

NAFTA Chapter 20 (General State to State) Roster: This roster is established pursuant to paragraph 2 of Article 2009 of NAFTA and is used to constitute panels that determine disputes covered by Chapter 20 of that Agreement. The Chapter provides for the establishment of a roster of up to 30 nominees (10 from each Party to NAFTA). A nominee is appointed by consensus of NAFTA Parties for a term of three years and may be reappointed. The Government of Canada is thus seeking 10 appointees to this roster.

NAFTA Chapter 19 (Trade Remedies) Roster: This roster is established pursuant to paragraph 1 of Annex 1901.2 of NAFTA and is used to constitute panels that determine disputes covered by Chapter 19 of that Agreement. The Chapter provides for the establishment of a roster of at least 75 nominees (at least 25 from each NAFTA Party). The Government of Canada is thus seeking at least 25 appointees to this roster and is anticipating that appointees will serve a term of five years with the possibility of reappointment.

NAFTA Chapter 19 Extraordinary Challenge Committee (ECC) Roster: This roster is established pursuant to Annex 1904.13 of NAFTA and is used to appoint a Committee that reviews decisions made by panels under NAFTA Chapter 19. The Chapter provides for a roster of up to 15 individuals (five from each NAFTA Party). The Government of Canada is thus seeking five appointees to this roster and is anticipating that appointees will serve a term of five years with the possibility of reappointment.

NAFTA Chapter 14 (Financial Services) Roster: This roster is established pursuant to paragraph 2 of Article 1414 of NAFTA and is used to constitute panels that determine disputes covered by Chapter 14 of that Agreement. The Chapter provides for a roster of up to 15 individuals (five from each NAFTA Party). A nominee is appointed by consensus of NAFTA Parties for a term of three years and may be reappointed. The Government of Canada is thus seeking five appointees to this roster.

NAFTA Article 2022 Advisory Committee on Private Commercial Disputes: This body is created pursuant to Article 2022 of NAFTA and submits reports and makes recommendations to the NAFTA Free Trade Commission on the availability, use and effectiveness of arbitration and other procedures for the resolution of private international disputes in the NAFTA region. The Committee comprises up to 10 members from each NAFTA Party, up to two of whom may be officials representing the Party and up to eight of whom may be selected from outside the Government. Each NAFTA Party appoints its own members of the Committee and establishes terms for their appointment. The Government of Canada is thus seeking approximately eight appointees to this Committee and is anticipating that they will serve a term of three years, with the possibility of reappointment.

Further details about the North American Free Trade Agreement can be found on the website of Global Affairs Canada.

International Centre for the Settlement of Investment Disputes (ICSID)

ICSID Panel of Arbitrators: This is a roster to which Canada may designate up to four individuals pursuant to Article 13(1) of the ICSID Convention. Designated individuals may be selected by the Secretary-General of ICSID to serve on a tribunal in a dispute that does not involve Canada or Canadian investors. Designated individuals need not be nationals of the state designating them. Designates serve a term of six years and may be reappointed. The Government of Canada is thus seeking four appointees to this roster.

ICSID Panel of Conciliators:This is a roster to which Canada may designate up to four individuals pursuant to Article 13(1) of the ICSID Convention. Designated individuals need not be nationals of the state designating them. Designates serve a term of six years and may be reappointed. The Government of Canada is thus seeking four appointees to this roster.

Further details about the agreement can be found on the International Centre for Settlement of Investment Dispute’s website.

Canada-Costa Rica Free Trade Agreement (CCRFTA)

CCRFTA Article XIII.9 (General State to State) Roster: This is a roster created by Article XIII.9 of the CCRFTA that may be used to constitute panels that determine disputes covered by Chapter XIII of that Agreement. The roster established by the Parties to the CCRFTA may include up to 20 individuals, at least five of whom are not citizens of Canada or Costa Rica. Consequently, in addition to Canadians, the Government of Canada is actively seeking applications from those who would meet this citizenship requirement. Individuals are named to the roster on the agreement of the Parties for a term of three years and reappointed to a second term unless a Party disagrees. The Government of Canada is thus seeking approximately 10-15 appointees to this roster, including appointees who are not citizens of Canada or Costa Rica.

Further details about the Canada-Costa Rica Free Trade Agreement can be found on the website of Global Affairs Canada.

Canada-European Union Comprehensive Economic and Trade Agreement (CETA) - Anticipatory

CETA Chapter 29 (General State to State) Roster – Anticipatory: Following provisional application of this provision, this roster will be established pursuant to Article 29.8 of CETA and will be used to constitute arbitral panels to determine disputes covered by Chapter 29 of the Agreement. Chapter 29 applies to any dispute concerning the interpretation or application of the provisions of CETA, except as otherwise provided. The Chapter provides for the establishment of a roster of at least 15 nominees: five from each Party to CETA and five who are not nationals of either Party who could serve as chair of an arbitral panel. An individual is appointed to the roster by the CETA Joint Committee. CETA does not provide for a set term of appointment to a roster. The Government of Canada is seeking approximately 8-10 appointees to this roster, including appointees who are not citizens or permanent residents of either Canada or any EU member state.

CETA Chapter 13 (Financial Services) Roster – Anticipatory: Following provisional application of this provision, this roster will be established by Article 13.20 of CETA and will be used to constitute arbitral panels to determine disputes arising under Chapter 13 of the Agreement. The Chapter provides for the establishment of a roster of at least 15 nominees: five from each Party to CETA and five who are not nationals of either Party who could serve as chair of an arbitral panel. An individual is appointed to the roster by the CETA Joint Committee. CETA does not provide for a set term of appointment to a roster. The Government of Canada is seeking approximately 8-10 appointees to this roster, including appointees who are not citizens or permanent residents of either Canada or any EU member state.

Further details about the Canada-European Union Comprehensive Economic and Trade Agreement can be found on the website of Global Affairs Canada.

Diversity and Official Languages

The Government of Canada will consider bilingual proficiency and diversity in assessing applicants. You are therefore encouraged to include in your online profile your ability to speak and understand your second official language. Preference may be given to applicants who are members of one or more of the following groups: women, Indigenous peoples, persons with disabilities, and members of a visible minority group.

Education and Experience

NAFTA Chapter 20 (General State to State) Roster:

• A minimum of ten years of experience as counsel, judge, tribunal member, government official, academic or other similar role (or a combination thereof) in the area of private international law and/or public international law; or


• A minimum of five years of experience as a judge, tribunal member, arbitrator, mediator or similar role (or combination thereof) in a process of formal dispute settlement, including alternative dispute settlement; or


• Experience as lead counsel, lead advisor, tribunal member or other similar role (or combination thereof) in one or more specialized tribunals related to international trade law, trade remedies, international investment law or financial services;


• Expertise or experience in law, international trade, other matters covered by NAFTA or the resolution of disputes arising under international trade agreements;


• Experience in state to state disputes at the World Trade Organization as a panel member or a lead litigator for principal parties to disputes would be an asset; and


• Proficiency in Spanish would be an asset.

• A minimum of ten years of experience as counsel, judge, tribunal member, government official, academic or other similar role (or a combination thereof) in the area of private international law and/or public international law; or


• A minimum of five years of experience as a judge, tribunal member, arbitrator, mediator or similar role (or combination thereof) in a process of formal dispute settlement, including alternative dispute settlement; or


• Experience as lead counsel, lead advisor, tribunal member or other similar role (or combination thereof) in one or more specialized tribunals related to international trade law, trade remedies, international investment law or financial services;


• Familiarity with international trade law and/or administrative law;


• Experience in trade remedies as a senior government official, panel or tribunal member, lead litigator for principal parties to disputes, or academic with publications on relevant matters;


• Being a lawyer in good standing with a law society in Canada, Mexico or the United States of America would be an asset;


• Being a judge or former judge of a superior court (or equivalent) of Canada, Mexico or the United States of America would be an asset; and


• Proficiency in Spanish would be an asset.

• A minimum of ten years of experience as counsel, judge, tribunal member, government official, academic or other similar role (or a combination thereof) in the area of private international law and/or public international law; or


• A minimum of five years of experience as a judge, tribunal member, arbitrator, mediator or similar role (or combination thereof) in a process of formal dispute settlement, including alternative dispute settlement; or


• Experience as lead counsel, lead advisor, tribunal member or other similar role (or combination thereof) in one or more specialized tribunals related to international trade law, trade remedies, international investment law or financial services;


• Being a judge or former judge of a superior court of Canada, a federal judicial court of Mexico or a federal judicial court of the United States of America;


• Experience in trade remedies as a panel member or lead litigator for principal parties to disputes would be an asset; and


• Proficiency in Spanish would be an asset.

• A minimum of ten years of experience as counsel, judge, tribunal member, government official, academic or other similar role (or a combination thereof) in the area of private international law and/or public international law; or


• A minimum of five years of experience as a judge, tribunal member, arbitrator, mediator or similar role (or combination thereof) in a process of formal dispute settlement, including alternative dispute settlement; or


• Experience as lead counsel, lead advisor, tribunal member or other similar role (or combination thereof) in one or more specialized tribunals related to international trade law, trade remedies, international investment law or financial services;


• Expertise or experience in financial services law or practice, which may include the regulation of financial institutions;


• Expertise or experience in law, international trade, other matters covered by NAFTA or the resolution of disputes arising under international trade agreements;


• Experience in state to state disputes at the World Trade Organization as a panel member or lead litigator for principal parties to disputes would be an asset; and


• Proficiency in Spanish would be an asset.

• Significant expertise or experience (normally at least five years) in using alternative dispute resolution to resolve private international commercial disputes;


• Experience with alternative dispute resolution as a judge, arbitrator, mediator, conciliator or other similar role would be an asset; and


• Proficiency in Spanish would be an asset.

• A minimum of ten years of experience as counsel, judge, tribunal member, government official, academic or other similar role (or a combination thereof) in the area of private international law and/or public international law; or


• A minimum of five years of experience as a judge, tribunal member, arbitrator, mediator or similar role (or combination thereof) in a process of formal dispute settlement, including alternative dispute settlement; or


• Experience as lead counsel, lead advisor, tribunal member or other similar role (or combination thereof) in one or more specialized tribunals related to international trade law, trade remedies, international investment law or financial services


• Recognized competence in the fields of law, commerce, industry or finance;


• Experience in international investment law or the practice of international commercial arbitration as a lead litigator or an arbitrator;


• Experience in managing complex disputes would be an asset; and


• Proficiency in Spanish would be an asset.

• A minimum of ten years of experience as counsel, judge, tribunal member, government official, academic or other similar role (or a combination thereof) in the area of private international law and/or public international law; or


• A minimum of five years of experience as a judge, tribunal member, arbitrator, mediator or similar role (or combination thereof) in a process of formal dispute settlement, including alternative dispute settlement; or


• Experience as lead counsel, lead advisor, tribunal member or other similar role (or combination thereof) in one or more specialized tribunals related to international trade law, trade remedies, international investment law or financial services;


• Recognized competence in the fields of law, commerce, industry or finance;


• Experience in conciliation;


• Experience or expertise in international law, preferably international investment law, would be an asset; and


• Proficiency in Spanish would be an asset.

• A minimum of ten years of experience as counsel, judge, tribunal member, government official, academic or other similar role (or a combination thereof) in the area of private international law and/or public international law; or


• A minimum of five years of experience as a judge, tribunal member, arbitrator, mediator or similar role (or combination thereof) in a process of formal dispute settlement, including alternative dispute settlement; or


• Experience as lead counsel, lead advisor, tribunal member or other similar role (or combination thereof) in one or more specialized tribunals related to international trade law, trade remedies, international investment law or financial services;


• Expertise or experience in law, international trade, other matters covered by the CCRFTA, or the resolution of disputes arising under international trade agreements; and


• Proficiency in Spanish would be an asset.

• A minimum of ten years of experience as counsel, judge, tribunal member, government official, academic or other similar role (or a combination thereof) in the area of private international law and/or public international law; or


• A minimum of five years of experience as a judge, tribunal member, arbitrator, mediator or similar role (or combination thereof) in a process of formal dispute settlement, including alternative dispute settlement; or


• Experience as lead counsel, lead advisor, tribunal member or other similar role (or combination thereof) in one or more specialized tribunals related to international trade law, trade remedies, international investment law or financial services;


• Specialized knowledge of international trade law;


• To act as chair of an arbitral panel, experience as counsel or panellist in dispute settlement proceedings on subject matters within the scope of CETA; and


• Proficiency in one or more of the following official languages of the European Union would be an asset: Bulgarian, Croatian, Czech, Danish, Dutch, Estonian, Finnish, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish.

• A minimum of ten years of experience as counsel, judge, tribunal member, government official, academic or other similar role (or a combination thereof) in the area of private international law and/or public international law; or


• A minimum of five years of experience as a judge, tribunal member, arbitrator, mediator or similar role (or combination thereof) in a process of formal dispute settlement, including alternative dispute settlement; or


• Experience as lead counsel, lead advisor, tribunal member or other similar role (or combination thereof) in one or more specialized tribunals related to international trade law, trade remedies, international investment law or financial services;


• Expertise or experience in financial services law or regulation or in the practice thereof, which may include the regulation of financial service suppliers;


• To act as chair of an arbitral panel, experience as counsel, panellist or arbitrator in dispute settlement proceedings; and


• Proficiency in one or more of the following official languages of the European Union would be an asset: Bulgarian, Croatian, Czech, Danish, Dutch, Estonian, Finnish, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish.

Language Requirements

Proficiency in both official languages would be preferred.

• Objectivity


• Reliability


• Sound judgment


• High moral character and integrity

Eligibility Factors and Conditions of Employment

• Appointees must comply with the Ethical and Political Activity Guidelines for Public Office Holders throughout their appointment as a term and condition of employment. The guidelines are available on the Governor in Council Appointments website under Forms and reference material.
  
  • All appointees are subject to the Conflicts of Interest Act. Public office holders appointed on a full-time basis must also submit to the Office of the Conflict of Interest and Ethics within 60 days of appointment, a confidential report in which they disclose all of their assets, liabilities and outside activities. For more information, please visit the Office of the Conflict of Interest and Ethics Commissioner's website.
  


• Appointees must uphold the highest standards of probity and are expected to demonstrate behaviours in the workplace that afford respect, equality and dignity, to everyone they interact with at work at all times. The Values and Ethics Code for the Public Sector outlines the values and expected behaviours for public servants, including valuing diversity and creating workplaces free from harassment and discrimination. Governor in Council appointees are expected to uphold and respect these values and principles in a positive and active manner.


• You must not be currently affiliated with or take instruction from a government (federal or sub-federal) of Canada or any other Party to the agreement governing the roster to which you are appointed. Sitting judges of any level of court are not considered to be currently affiliated with or to take instruction from a government.


• You must be available for service and be able to make the necessary time commitments, including serving on a panel if called upon to do so.


• You are willing and able to travel across Canada and internationally.


• You must comply with the code of conduct established under the agreement governing the roster to which you are appointed.


• If you are appointed from a roster to serve as a member of a dispute settlement panel in a specific dispute, during the period in which this panel operates you must also comply with the requirements in those Guidelines for “Quasi-judicial Governor-in-Council appointees, whether full or part-time”, including to “generally avoid all political activities” other than voting.

A link to this notice will be placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates for this positions. It is not, however, intended to be the sole means of recruitment. A roster of qualified candidates may be established and may be used for similar opportunities.

How to Apply

Candidates must apply online via the Governor in Council Appointments website. Your cover letter should be addressed to the Deputy Director of Selection Processes, Senior Personnel Secretariat, Privy Council Office, and should be sent only through the online application. You must also submit a completed application form and a curriculum vitae.

Instructions on how to apply for an appointment opportunity can be found on the Governor in Council Appointments website.