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Judgment No. 2220

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

The complainant is asking for the execution of a judgment in which he was neither a party nor an intervener. He "claims that [that] judgment constitutes an exception to the general rule of res judicata because it is of "general" application. There is no such exception to the rule. The judgments of the Tribunal operate only in personam and not in rem. Notwithstanding the generality of the terms in which the Tribunal may dispose of a case before it, the judgment has effect only as between the parties to it. The complainant confuses the rule of res judicata with the rule of stare decisis. The former, which is a rule of law, applies absolutely when the necessary three identities of person, cause and object are present, which is not the case here. the latter rule, which is simply a matter of judicial practice or of comity, holds that, in general, the Tribunal will follow its own precedents and that the latter have authority even as against persons and organisations who were not party thereto, unless it is persuaded such precedents were wrong in law or in fact or that for any other compelling reason they should not be applied."

Keywords

grounds; complainant; status of complainant; intervention; organisation; res judicata; same cause of action; same parties; same purpose; exception; judgment of the tribunal; execution of judgment; case law; general principle; practice; enforcement; limits; mistake of fact; binding character; effect; purport; request by a party; right; same

Consideration 6

Extract:

The complainant is asking for the execution of a judgment in which he was neither a party nor an intervener. "Sound judicial policy requires that the Tribunal encourage parties to settle their disputes after as well as before judgment. That cannot happen if persons, like the complainant, who did not participate in a case, even though he might have done so, can interfere after the fact and prevent such settlement."

Keywords

complainant; status of complainant; intervention; settlement out of court; judgment of the tribunal; iloat; execution of judgment; general principle; request by a party; right



 
Last updated: 14.09.2017 ^ top