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Judgment No. 4327

Decision

The application for review is dismissed.

Summary

The complainant applies for review of Judgment 4172.

Judgment keywords

Keywords

application for review; summary procedure; complaint dismissed

Consideration 3

Extract:

As the Tribunal recalled in Judgment 4199, consideration 2, its judgments may be reviewed only in exceptional circumstances and on strictly limited grounds. The rationale for this was stated, for example, in Judgments 3815, consideration 4, and 3899, consideration 3, as follows:
“[P]ursuant to Article VI of its Statute, the Tribunal’s judgments are ‘final and without appeal’ and have res judicata authority. They may therefore be reviewed only in exceptional circumstances and on strictly limited grounds. As stated, for example, in Judgments 1178, 1507, 2059, 2158 and 2736, the only admissible grounds for review are failure to take account of material facts, a material error involving no exercise of judgement, an omission to rule on a claim, or the discovery of new facts which the complainant was unable to rely on in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. Pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea, on the other hand, afford no grounds for review (see, for example, Judgments 3001, under 2, 3452, under 2, and 3473, under 3).”

Reference(s)

Jugement(s) TAOIT: 3001, 3452, 3473, 3815, 3899, 4199

Keywords

application for review

Consideration 4

Extract:

The arguments relied on by the complainant in his application for review, and the evidence which he presents to support them, merely invite the Tribunal to reconsider its findings on these issues on the grounds that it has, in effect, misinterpreted the facts and/or misapplied the law. Although the complainant attempts to base its application for review on the alleged Tribunal’s failure to take into account material facts, his submissions essentially seek to call into question the Tribunal’s exercise of judgement in assessing the evidence. The grounds for review advanced by the complainant are simply an attempt to re-litigate matters that have already been decided. As noted above, such pleas afford no grounds for review.

Keywords

application for review; failure to take account of material facts



 
Dernière mise à jour: 14.10.2020 ^ haut