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Arbitration (103,-666)

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Keywords: Arbitration
Total judgments found: 9

  • Judgment 2888


    108th Session, 2010
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Tribunal has already had occasion to rule that it has no jurisdiction to hear a dispute relating to a contract concluded with an independent contractor or collaborator which contains [...] an arbitration clause (see Judgments 2017, under 2(a), and 2688, under 5)."

    Reference(s)

    ILOAT Judgment(s): 2017, 2688

    Keywords:

    arbitration; competence of tribunal; contract; definition; external collaborator; settlement out of court;



  • Judgment 2657


    103rd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post but the Tribunal considers that persons who have applied for a post in an international organisation and who have not been recruited are barred from access to the Tribunal. The complainant asks that the Organisation be ordered to waive its immunity to enable him to bring proceedings before a German court. "[T]he Tribunal [recalls that it] has no authority to order the EPO to waive its immunity (see Judgment 933, under 6). It notes, however, that the present judgment creates a legal vacuum and considers it highly desirable that the Organisation should seek a solution affording the complainant access to a court, either by waiving its immunity or by submitting the dispute to arbitration."

    Reference(s)

    ILOAT Judgment(s): 933

    Keywords:

    appointment; arbitration; candidate; claim; competence of tribunal; condition; grounds; handicapped person; judgment of the tribunal; medical examination; medical fitness; municipal court; open competition; organisation; post; refusal; safeguard; waiver of immunity;



  • Judgment 2017


    90th Session, 2001
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2 (A)

    Extract:

    "The complainant enjoyed the status of official from October 1974 to the end of December 1992. From 1 January 1993 to 31 December 1994 he was employed on the basis of special agreements, which contained an arbitration clause providing for an "arbitral panel" composed of three members. The Tribunal's jurisdiction is therefore limited to the effects of the relationship between the [organisation] and the complainant from October 1974 to the end of December 1992."

    Keywords:

    arbitration; competence of tribunal; complaint allowed in part; contract; date; external collaborator; limits; status of complainant;



  • Judgment 1938


    88th Session, 2000
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The fact that the [Organization] did not itself invoke [the] arbitration clause during the internal appeals procedure does not prejudice the fact that the two parties freely accepted recourse to arbitration to settle disputes arising out of the application of contractual service agreements, thereby perforce excluding them from the Tribunal's jurisdiction."

    Keywords:

    arbitration; competence of tribunal; internal appeal; settlement out of court;



  • Judgment 1773


    85th Session, 1998
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 6

    Extract:

    "The [Organization] argues that the Tribunal is not competent to hear [the complaints]. In its submission [the] contract of employment [signed by the complainant] does not vest competence in the Tribunal but expressly provides for arbitration over any dispute. In the circumstances of the case the plea cannot succeed. The [Organization refused the complainant's] request for arbitration. Although there was no express provision vesting competence in the Tribunal to hear the dispute between the Organization and the complainant, it employed him, paid his salary and terminated his appointment. There is therefore no denying the Tribunal's competence by virtue of the general terms of Article II of its Statute. Such denial would mean either that no court at all had jurisdiction or that the case must go to the [national] courts, to whose jurisdiction the [Organization] declines to submit."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE TRIBUNAL'S STATUTE

    Keywords:

    arbitration; competence of tribunal; contract; declaration of recognition; iloat statute; municipal court; right of appeal;



  • Judgment 77


    13th Session, 1964
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "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."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE

    Keywords:

    arbitration; competence of tribunal; contract;

    Consideration 1

    Extract:

    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."

    Keywords:

    arbitration; competence of tribunal; complaint allowed in part; contract; enforcement; intention of parties; interpretation;



  • Judgment 75


    12th Session, 1964
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The relationship between the complainant and the organization is of a contractual nature. The Tribunal is not competent. "Moreover, the contract provides that any disputes between the parties shall be settled in accordance with arbitration proceedings to be instituted by the organization [...]. While the Tribunal itself determines its competence on the basis of its Statute and of the Staff Rules of the organization, it should, as a matter of equity, be pointed out that the complainant himself, having subscribed to the above provision, must have had, at the very least, doubts as to the competence of the Tribunal."

    Keywords:

    arbitration; competence of tribunal; contract;



  • Judgment 28


    6th Session, 1957
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (A)

    Extract:

    "The complainant wrongly alleges that english law is applicable as his national law, whereas the Tribunal is bound exclusively by the internal law of the organisation [...] as well as by general principles of law."

    Keywords:

    applicable law; arbitration; domestic law; enforcement; general principle; staff regulations and rules;



  • Judgment .15


    Sessions of the Administrative Tribunal of the League of Nations, 1946
    Nansen International Office for Refugees
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    arbitration; equity; interpretation; ratione materiae;


 
Last updated: 19.09.2019 ^ top