Applications are invited from suitably qualified candidates to be considered as Irish nominees for inclusion in the EU pool of arbitrators under the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Withdrawal Agreement).
Arbitration Panels under the Withdrawal Agreement
Under the dispute settlement provisions of the Withdrawal Agreement (Article 171), an arbitration panel will be established to resolve any dispute regarding the interpretation and application of the provisions of the Agreement between the Parties. The members of the arbitration panels are to be nominated for each dispute from amongst the persons included in a list of arbitrators to be established by the Withdrawal Agreement’s Joint Committee.
The Candidate
The Withdrawal Agreement sets out that a list of 25 arbitrators is to be established by the Joint Committee, before the end of transition period, from which members of arbitration panels will be drawn as necessary. Both the EU and the UK will each nominate 10 members, with a further 5 joint nominees who will act as chairpersons. Article 171(2) sets out that the list of arbitrators shall only comprise persons who:
- have an independence beyond doubt;
- possess the qualifications required for appointment to the highest judicial office in their respective countries or are jurisconsults of recognized competence;
- possess specialised knowledge or experience of Union law and public international law;
- and are not members, officials or other servants of the Union institutions, of the government of a Member State, or of the government of the United Kingdom.
Candidates should have excellent written and oral communication skills and a clear ability to operate fluently in English.
The selection procedure intends to establish a pool of arbitrators that is as diverse and representative as possible; therefore, all qualified candidates from diverse backgrounds and across all abilities are encouraged to submit their application.
The Process
Applicants should submit an expression of interest, showing their suitability for the post in terms of the skills and experience necessary to effectively undertake the role as a member of an arbitration panel under the Withdrawal Agreement. Expressions of interest will be treated in strict confidence.
The expression of interest should set out the person's education, professional qualifications, and experience relevant to the position of a member of the EU pool of arbitrators for the Withdrawal Agreement, accompanied by a statement setting out the reasons for the person's suitability to be nominated to this position.
The selection process will be conducted by a panel of senior officials from the Departments of the Taoiseach, and Foreign Affairs, and the Attorney General’s Office, and an independent expert with appropriate senior level experience.
Applications, with the subject WA Arbitration Nominee, should be sent to David.Walsh@dfa.ie with a deadline of 5 pm on Thursday 20 August 2020.
Up to two successful candidates will be put forward for further consideration under a subsequent EU selection process. This will take place after 4 September 2020, after Member States have submitted their applications.
For the EU selection process, applicants shall provide a curriculum vitæ, a cover letter and a declaration of potential conflicts of interest. The assessment by the European Commission of nominees may include interviews with the short-listed candidates.