If it were a judicial process, there would be a roster of individuals who are members of the court. They would be assigned case by case based on some rules of the court, whether through rotation or random assignment, some decision of the chief justice of the court.
In this case there are three arbitrators. One would be chosen by the claimant, the foreign investor. One would be chosen by the respondent country. It would be the federal government if Canada were sued. If they couldn't agree on the third arbitrator, that arbitrator would be chosen by a World Bank official. These arbitrators tend to have a background in commercial arbitration. Some of them are academics. A lot of them are very good people. I don't wish to cast aspersions on anyone, but from an institutional point of view, this is not the judicial process we would be used to when matters of what I would describe as public law importance.... What can a sovereign entity do in the exercise of its sovereign authority? How much is that going to cost the taxpayers? Elsewhere, that's always something that can be ultimately resolved in a court. Here it's taken out of a court process and given to, in effect, a private arbitration process.
That's the semi-long answer.