President of the Tribunal (107,-666)

You searched for:
Keywords: President of the Tribunal
Total judgments found: 8

• Judgment 4736

  
  136th Session, 2023
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant filed an application for review of Judgment 4571.

  Consideration 3

  Extract:

  The complainant also challenges the proposal of the Tribunal’s Vice-President to adjudicate her case leading to Judgment 4571 according to the summary procedure and charges the Tribunal’s Registrar with bias and prejudice towards her. The plea against the Vice-President is irreceivable as no appeal lies from procedural decisions taken by the President of the Tribunal or by any other authority thereof in exercise of the authority granted to them under the Tribunal’s Statute and Rules (see Judgment 4541, consideration 2). Moreover, the Vice-President’s proposal is merely a preparatory procedural step and, pursuant to Article 7, paragraph 2, of the Rules, it is for the panel in charge with the examination of a case to decide whether the use of the summary procedure is appropriate. As to the charges against the Registrar, he does not, in any event, adjudicate cases. It is the Tribunal which decided itself, autonomously and independently, the way it had to deal with the case.

  Reference(s)

  ILOAT Judgment(s): 4541, 4571
  

  Keywords:

  president of the tribunal; summary procedure;
  

  
  
  

• Judgment 2525

  
  100th Session, 2006
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The defendant sent the President of the Tribunal a letter requesting permission to confine its reply to the issue of the complaint's receivability. "For the sake of the good administration of justice [...] the President, who is authorised to direct proceedings (see Judgment 809), decided exceptionally to grant the Organization's request to confine its reply to the issue of receivability."

  Reference(s)

  ILOAT Judgment(s): 809
  

  Keywords:

  discretion; exception; president of the tribunal; reply confined to receivability;
  

  
  
  

• Judgment 2021

  
  90th Session, 2001
  International Office of Epizootics
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 21

  Extract:

  The complainant contends that the opinion of the President of the Tribunal was tainted with bias since he has the same nationality as a few of the organisation's senior officers. "This is simply unacceptable. International organisations by definition have no nationality and their officers and employees are drawn from citizens of many countries; it is the organisations and not their officers who appear as defendants in cases before the Tribunal and the nationality of the judges who hear those cases is wholly irrelevant."

  Keywords:

  application for review; bias; nationality; president of the tribunal;
  

  Consideration 23

  Extract:

  "The concerns expressed by the complainant with regard to the fact that [the President of the Tribunal] and [one of the organisation's senior officers] both attended the same school and that [the President] was Director of an institute at which [another senior officer] taught are [...] without merit [...] If his opinion were to be followed, students having attended an institution should be prevented from judging cases in which the names of other students of the same institution appear."

  Keywords:

  application for review; bias; president of the tribunal;
  

  
  
  

• Judgment 1684

  
  84th Session, 1998
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The Tribunal's rules provide ordinarily for the filing of only two briefs by each party. There are no exceptional circumstances warranting a third one from the complainant, and since the arguments in it are immaterial the President of the Tribunal has disallowed it under Article 9(6)" of the Tribunal's Rules.

  Reference(s)

  ILOAT reference: ARTICLE 9, PARAGRAPH 6, OF THE RULES
  
  

  Keywords:

  additional written submissions; closure of written proceedings; condition; exception; iloat statute; president of the tribunal; refusal; submissions;
  

  
  
  

• Judgment 1641

  
  83rd Session, 1997
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The case concerns the "general methodology" which provides the procedure for the salary surveys done under the auspices of the International Civil Service Commission (ICSC) and which permits adjustments in pay. The ICSC and the United Nations were granted leave to intervene, but the complainants object to the intervention by the UN. "Under Article 13, paragraph 3, of the Rules of the Tribunal the President may allow submissions from a third party." The Tribunal holds that it was appropriate to allow the United Nations to comment, "the aim being to make for uniform application of the rules to the organisations of the United Nations 'common system'."

  Reference(s)

  ILOAT reference: ARTICLE 13(3) OF THE RULES
  
  

  Keywords:

  adjustment; coordinated organisations; enforcement; icsc decision; iloat statute; inquiry; investigation; organisation; president of the tribunal; rule of another organisation; salary; scale; submissions;
  

  
  
  

• Judgment 809

  
  61st Session, 1987
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Order

  Extract:

  "The President may direct proceedings and even if not expressly so empowered may order suspension. Since a complainant may withdraw a complaint he may also apply for suspension. Such application will succeed unless the advantage to the complainant of suspending the proceedings is outweighed by the advantage to the defendant of pursuing them."

  Keywords:

  competence; implied powers; no provision; order; order of suspension; organisation's interest; president of the tribunal; procedure before the tribunal; request by a party; staff member's interest; withdrawal of suit;
  

  Order

  Extract:

  "Continuation of the suspension might [...] needlessly hold up the proceedings and cause detriment to the defendant without serving the interests of the complainant. The application accordingly fails".

  Keywords:

  extension of contract; order; order of suspension; president of the tribunal; refusal; request by a party;
  

  
  
  

• Judgment 801

  
  61st Session, 1987
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The complainant raises a preliminary objection to the authorisation the President of the Tribunal granted to the EPO to confine its reply to the issue of receivability. The plea fails because the President takes such a decision by virtue of his general authority to regulate proceedings before the Tribunal. Besides, the Tribunal may alter his decision at any time. There is therefore no reason why, as the complainant asks, the President should withdraw from the case."

  Keywords:

  competence; president of the tribunal; reply confined to receivability;
  

  
  
  

• Judgment 558

  
  50th Session, 1983
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 2-3

  Extract:

  "In the course of the written proceedings, the complainant applied to the President of the Tribunal for an order for the production of the report on which the impugned decision was based." Her application succeeds. "When in session the Tribunal itself will order measures of investigation, and the President has communicated the complainant's application to the Tribunal, which is holding its [...] session."

  Keywords:

  competence of tribunal; disclosure of evidence; interlocutory order; order; president of the tribunal; request by a party;