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However, one should examine whether the proposal put forward by the EU
would ensure this consistency. For the CETA or TTIP, the proposal is for a

permanent tribunal comprising fifteen judges (with five appointed by each

State and five from third countries) and each tribunal or division will comprise
three individuals on a random and rotation basis. This means that there could
be a total of 125 different three-person tribunals that can be created from this

roster and there are no hierarchy between these tribunals so certainly there

can be divergent views and rulings on issues of laws and similar facts.

(2) Qualification as Arbitrator

The three treaties mentioned earlier impose high standards for

qualification as judges of the Tribunal, resembling those of other international

courts and tribunal by requiring special knowledge in the field. All three treaties
require that, in order to be elected, Members of the Tribunal must possess
“the qualifications required in their respective countries for appointment to

60
judicial offices, or be jurists of recognised competence.” Moreover, they should
also have “demonstrated expertise in public international law”, preferably with
a focus on “international investment law, international trade law and the
61
resolution of disputes arising under international trade agreements.” Members
of these Tribunals are selected in a manner that is decidedly different from

that applying in traditional arbitration with markedly different qualifications.
The manner and qualification, as well as absence of input by investors are
intended to minimize investor influence.

60. Article 8.27(4) of the CETA; Article 12(4) of the EU-Vietnam FTA; Article 9(6) of the TTIP.
61. Id.

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