CETA ISDS: Assisting the Tribunals

Let's say that, eventually, CETA comes into force, and the new version of ISDS with an international investment

court

tribunal, as well as an appellate tribunal, is in effect. Presumably, the members of these tribunals will need some assistance with their work. Here's where CETA suggests the initial tribunal will get it:

Article 8.27 (Constitution of the Tribunal)

...

16. The ICSID Secretariat shall act as Secretariat for the Tribunal and provide it with appropriate support.

As for the Appellate Tribunal, things are still to be determined.

Article 8.28 (Appellate Tribunal)

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7. The CETA Joint Committee shall promptly adopt a decision setting out the following administrative and organisational matters regarding the functioning of the Appellate Tribunal:

(a) administrative support; ...

(g) any other elements it determines to be necessary for the effective functioning of the Appellate Tribunal.

I guess it makes sense to have the ICSID Secretariat provide support to the tribunal. The ICSID lawyers know this area of law as well as anyone, so this seems like a reasonable approach. There are other approaches, of course, such as having the tribunal members hire their own clerks. I'd be curious to know how the negotiating discussions went on this issue, and to what extent various options were considered.

But of course, you can't have the same people assisting both the initial tribunal and the appellate tribunal, so the ICSID folks couldn't do the appeal part as well.  So who will do this work for appeals? The drafters have left things open for now.  But they will have to decide on it soon after CETA is in effect, and those of you with strong feelings should write about it now, to get your ideas in front of the government officials who will decide this.  Should they create an independent secretariat, like at the WTO Appellate Body?  Should the appeal judges hire their own clerks?  Something else entirely?