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Contra proferentem (834,-666)

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Keywords: Contra proferentem
Total judgments found: 1

  • Judgment 4057

    127th Session, 2019
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reduce her pension on the basis of a reduction of the consumer price index.

    Consideration 3


    The rule or principle of interpretation is that a clause in a document should be interpreted in favour of the party who did not draft the clause (in this case the staff), and not in favour of the party who did draft the clause, sought the inclusion of the clause or possibly in whose interests the clause was intended to operate (that is to say contra proferentem). However this rule, whatever its width, only operates in circumstances where the clause is ambiguous (see, for example, Judgment 1755, consideration 12, and, more recently, Judgment 3355, consideration 16).


    ILOAT Judgment(s): 1755, 3355


    contra proferentem; interpretation; interpretation of rules; staff member's interest;

Last updated: 15.09.2021 ^ top