Judgment No. 3729

• Organization: Permanent Court of Arbitration (PCA)
• Date: 08.02.2017
• Original: Anglais
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant challenges the terms on which her appointment was terminated.

Judgment keywords

Keywords

termination of employment; complaint dismissed

Consideration 6

Extract:

Had that point concerning receivability been raised in the internal appeal, it may have had prospects of success in these proceedings before the Tribunal (see, for example, Judgments 1653, consideration 6, 3181, consideration 11, and 3577, considerations 8 and 9). But it was not raised in the internal appeal and, accordingly, cannot now be relied upon for the first time by the PCA in these proceedings (see, for example, Judgments 2255, considerations 12 and 13, and 3160, consideration 14). Accordingly, the PCA’s contention concerning receivability is rejected.

Reference(s)

Jugement(s) TAOIT: 1653, 2255, 3160, 3181, 3577

Keywords

receivability of the complaint; estoppel