This is from Article 8.28, para. 2 of CETA:
2. The Appellate Tribunal may uphold, modify or reverse a Tribunal's award based on:
(a) errors in the application or interpretation of applicable law;
(b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law;
(c) the grounds set out in Article 52(1) (a) through (e) of the ICSID Convention, in so far as they are not covered by paragraphs (a) and (b).
So let's say an Appellate Tribunal reverses the (lower) Tribunal by finding that the Tribunal's interpretation was wrong. What happens then? Can the Appellate Tribunal remand the case back to the Tribunal to apply the new interpretation? Unlike at the WTO, the answer seems to be yes. This is from Article 8.28, para. 7:
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: ...
(b) procedures for the initiation and the conduct of appeals, and procedures for referring issues back to the Tribunal for adjustment of the award, as appropriate;
It's not clear yet how remand will work, but there will be remand.
