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worked. For fees and expenses, the reference is made to Regulation 14 (1) of
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the Administrative and Financial Regulations of the ICSID Convention. If the
circumstance requires a more permanent solution, the applicable Committee

may transfer the retainer fee and other fees and expenses into a regular salary
52
and to decide on modalities and conditions. The criticism to the TTIP proposal
is that the suggested retainer fee of one third of the retainer fee for WTO

53
Appellate Body members (i.e. around EUR 2,000 a month) for the Tribunal
Members is too low to attract and maintain high-credential judges. Given the
importance of the quality of judges in such system and in light of the fact that
they are prohibited to act as counsel (as discussed below), it is essential that

the compensation be realistic and comparable to other international courts.

(c) Divisions of Tribunal

The Tribunal will hear cases in divisions consisting of three Members
of the Tribunal, composed of a national of an EU Member State, a national

of a Party State (the United States, Canada or Vietnam) and a national of a

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third country who shall chair the division. Notwithstanding such provision, in
smaller cases, “the disputing parties may agree that the case be heard by a sole
Member who is a national of a third country, to be selected by the President

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of the Tribunal.” This provision applies if the claimant is a small or medium
sized enterprise, or if the compensation or damages claimed are relatively
low. Once a claim is submitted, the President of the Tribunal, not the Presiding
Judge, will appoint the Judges composing a division “on a rotation basis, ensuring

that the composition of a division is random and unpredictable, while

51. Article 8.27(14) of the CETA, Article 12(16) of the EU-Vietnam FTA; Article 9(14) of the TTIP.
52. Article 8.27(7) of the CETA; Article 12(16) of the EU-Vietnam FTA; Article 9(15) of the TTIP.
53. Article 9(12) of the TTIP.
54. Article 8.27(6) of the CETA; Article 12(6) of the EU-Vietnam FTA; Article 9(6) of the TTIP.
55. Article 8.27(9) of the CETA; Article 12(9) of the EU-Vietnam FTA; Article 9(9) of the TTIP.

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