Judgment No. 4183
The complaint is dismissed.
The complainant challenges the decisions not to select him for three positions for which he had applied as a priority candidate.
selection procedure; complaint dismissed
The principle of res judicata, relied on by the ICC, serves at least two important purposes. One is to ensure that courts are not called on to determine again causes of action that were resolved in an earlier judgment. There is a clear public benefit in courts being freed from the task of doing so, particularly given the demand on courts both internationally and nationally to resolve disputes expeditiously, often in the face of increasing numbers of cases requiring resolution. The principle is intended to create finality in litigation. Another purpose is to ensure that a party against whom proceedings are brought is not required to defend again, with the attendant cost and inconvenience, a case earlier defended and resolved, irrespective of who was successful in the earlier proceedings. In circumstances where a party is successful in the earlier proceedings and obtains a remedy, no obvious public purpose is served in enabling the litigation of a case that may (though may not) result in the same remedy.
The Tribunal, in its case law, has identified the principle of res judicata as operating in circumstances where, in later litigation, the parties, the purpose of the suit and the cause of action are the same as in the earlier case (see, for example, Judgments 1216, consideration 3, 2993, consideration 6, and 3248, consideration 3).
Jugement(s) TAOIT: 1216, 2993, 3248
The complainant sought the disclosure of certain documents. As the proceedings fail at the threshold it is unnecessary to address this request.
disclosure of evidence