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Judgment No. 2021

Decision

THE APPLICATION IS DISMISSED.

Consideration 10

Extract:

The complainant alleges that the Tribunal has failed to rule on one of his claims in his previous case. But it was merely a plea and not a claim. "The Tribunal did not need to address that plea if it felt it was unnecessary to do so."

Keywords

application for review; omission to rule on a claim; omission to rule on a plea

Consideration 12

Extract:

"Lack of impartiality in a tribunal is a serious matter and an allegation of this sort should be neither made nor taken lightly. It is, like any other breach of the principles of natural justice, a proper ground for seeking review of a judgment."

Keywords

application for review; admissible grounds for review; burden of proof; general principle; bias

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; nationality; president of tribunal; bias

Consideration 22

Extract:

The complainant fears that the opinion of a member of the Tribunal was tainted with bias since he has the same nationality as a few of the organisation's senior officers. "Applications for review are normally heard by the same panel which rendered the original decision; a complainant cannot, by making wholly frivolous and unsubstantiated allegations force one or more members of the panel to recuse themselves."

Keywords

application for review; nationality; general principle; bias

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; president of tribunal; bias



 
Dernière mise à jour: 09.08.2017 ^ haut