Judgment No. 1884
Decision
1. The complaint is dismissed.
2. The complaint is declared to be an abuse of process.
Considerations 8-9
Extract:
"The Tribunal has never heretofore imposed a costs penalty upon a complainant. However, it asserts unequivocally that it possesses the inherent power to do so as part of the necessary power to control its own process. Clearly, such power must be exercised with the greatest care and only in the most exceptional situations since it is essential that the Tribunal should be open and accessible to international civil servants without the dissuasive and chilling effect of possible adverse awards of costs. [T]he Tribunal [...] declares that in future it will award costs against complainants in appropriate cases if they are sought."
Keywords
complaint; vexatious complaint; costs; counterclaim
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