Judgment No. 77
1. The World Health Organisation shall pay Mr. Rebeck the sum of $500, as compensation for extra-contractual duties.
2. The other conclusions of the complaint are dismissed.
3. The World Health Organisation shall pay Mr. Rebeck the sum of $200 for expenses.
"The disputes to which the contract held by [the complainant] may give rise do not, because of the particular nature of the said contract, fall within the competence of the Tribunal as defined by Article II of its Statute. The Tribunal is competent to hear this case only because [the complainant and the organization] have by mutual agreement requested it to arbitrate the dispute arising between them [...] and because the Tribunal has accepted to do so."
ILOAT reference: ARTICLE II OF THE STATUTE
competence of tribunal; arbitration; contract
The relationship between the complainant and the organization is contractual. The Tribunal is competent only because the dispute has been submitted to it for arbitration. "In order to carry out the Commission thus entrusted to it, the Tribunal must therefore base its decision on the clauses of the contract which constituted [the complainant's] sole tie with [the organization], adopt generally accepted rules of interpretation on the subject of contracts and, in particular, inquire into the mutual intentions of the parties at the time that the said contract was concluded."
complaint allowed in part; competence of tribunal; arbitration; enforcement; interpretation; contract; intention of parties