Judgment No. 967

• Organization: General Agreement on Tariffs and Trade (GATT)
• Date: 27.06.1989
• Original: English
• Judges: Ducoux, Suffian, Carroll
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Summary

Extract:

"The choice of the Tribunal as the forum in cases in which it would not otherwise have jurisdiction is a term which by its very nature may not be implied but must be expressly agreed between the parties." In accordance with Article II, paragraph 4, of the Statute of the Tribunal, the organisation is correct in holding that the choice of forum must be an express term of the contract.

Reference(s)

ILOAT reference: ARTICLE II, PARAGRAPH 4, OF THE STATUTE

Keywords

competence of tribunal; vested competence; contract

Consideration 6

Extract:

The application of the Staff Regulations to the complainant "was expressly excluded by his successive contracts of employment." As a result the Tribunal is not competent to hear the complaint.

Keywords

locus standi; status of complainant; competence of tribunal; staff regulations and rules; contract