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

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Portfolio:
International Trade, Export Promotion, Small Business and Economic Development
Organization:
International Trade and International Investment Dispute Settlement Bodies
Position title:
Member (appointment to roster)
Type:
Part-time
Closing date:
April 19, 2022
Opportunity number:
J1121-1919

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:

Agreement on Trade Continuity between the United Kingdom of Great Britain and Northern Ireland and Canada (“Canada-UK TCA”)

Canada-UK TCA Chapter 29 (General State to State) Roster:

This roster will be established pursuant to Article 29.8 of Canada-UK TCA 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 Canada-UK TCA, except as otherwise provided. The Chapter provides for the establishment of a roster of at least 15 nominees: five from each Party to Canada-UK TCA 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 Canada-UK Joint Committee. The Agreement 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 United Kingdom.

Further details about the Agreement on Trade Continuity between the United Kingdom of Great Britain and Northern Ireland and Canada can be found on the website of Global Affairs Canada.

Diversity and Official Languages

We are committed to providing a healthy and accessible workplace that supports one’s dignity, self-esteem and the ability to work on one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful, inclusive and harassment-free work environment.

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.

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.

To be considered, please ensure that the information provided in your curriculum vitae and cover letter clearly demonstrate how you meet the following requirements:

Education and Experience

Canada-UK TCA Chapter 29 (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;

  • Specialized knowledge of international trade law; and

  • To act as chair of an arbitral panel, experience as counsel or panelist in dispute
    settlement proceedings on subject matters within the scope of the TCA.

If you move on to the next stage of the selection process, the following criteria will be assessed:

Eligibility Factors and Conditions of Employment


  • Appointees are required to be fully vaccinated against COVID-19 unless accommodated based on a certified medical contraindication, religion, or another prohibited ground for discrimination as defined under the Canadian Human Rights Act.

  • You 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 the Forms and reference material.

  • 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.

  • You will be subject to the Conflicts of Interest Act. For more information, please visit the Office of the Conflict of Interest and Ethics Commissioner's website.

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

  • 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.

A link to this notice will be placed in the Canada Gazette to identify qualified candidates for these positions. It is not, however, intended to be the sole means of recruitment. A list of qualified candidates may be established and may be used for similar opportunities, such as ad hoc dispute settlement panels under other free trade agreements and ad hoc panels or rosters under environmental or labour cooperation agreements.

Please note that only candidates proceeding to the next stage of the selection process will receive a reply before the conclusion of the process.

How to Apply

Candidates should apply online by 11:59 p.m. Eastern Time on April 19, 2022 via the Governor in Council Appointments website. Your cover letter should be addressed to the Chairperson of the Selection Committee, Trade Law Bureau, Global Affairs Canada, and should be sent only through the online application.

Questions may be directed to: appointments-nominations.jlt@international.gc.ca

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