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Judgment No. 4124

Decision

The application for review is dismissed.

Summary

The complainant filed an application for review of Judgment 3998.

Judgment keywords

Keywords

application for review; internal remedies exhausted; summary procedure

Consideration 3

Extract:

As the Tribunal has consistently held, “pursuant to Article VI of its Statute, its judgments are ‘final and without appeal’ and carry res judicata authority. They may therefore be reviewed only in exceptional circumstances and on strictly limited grounds. As stated, for example, in Judgments 1178, 1507, 2059, 2158 and 2736, the only admissible grounds for review are failure to take account of material facts, a material error involving no exercise of judgement, an omission to rule on a claim, or the discovery of new facts on which the author of the application was unable to rely in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. On the other hand, pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea afford no grounds for review [...]” (see Judgment 3984, consideration 4, and the case law cited therein).

Reference(s)

ILOAT Judgment(s): 1178, 1507, 2059, 2158, 2736, 3984

Keywords

admissible grounds for review; inadmissible grounds for review; res judicata



 
Last updated: 26.03.2019 ^ top