Application for review

The Tribunal’s judgments are final and there can be no appeal (Article VI, paragraph 1, of the Statute). However, Article VI, paragraph 1, provides that the Tribunal may nevertheless consider applications for review of a judgment.

The Tribunal has made it clear through its case law (see, for example, Judgment 3897, consideration 3) that a judgment can be reviewed only on limited grounds.

Admissible grounds for review are:

  • failure to take account of material facts;
  • a material error (a mistaken finding of fact involving no exercise of judgement);
  • omission to rule on a claim;
  • the discovery of new facts on which the complainant was unable to rely in the original proceedings.

Note: these grounds must be likely to have a bearing on the outcome of the case.

The following grounds are not admissible grounds for review:

  • mistake of law;
  • failure to admit evidence;
  • misinterpretation of the facts;
  • omission to rule on a plea.

An application for review must satisfy the formal requirements provided for in Annex 1 of the Rules.

The party applying for review should fill in the form below, available in two formats: PDF and Word.

The PDF format form must be printed off in its original size and then manually filled out. Once completed, it must be dated and signed by hand. A photocopy of the signature will not be accepted. Please note that the PDF format form cannot be filled out electronically.

The Word format form can be filled out electronically by filling available fields. Once completed, the form has to be printed out and dated and signed by hand. A photocopy of the signature will not be accepted.

The party applying for review should also write a brief and provide a list of annexes as well as the annexes themselves.

The party applying for review must then send the original of all the documents mentioned above (the completed form, brief, list of annexes, and annexes), together with four printed copies, by post to the Tribunal’s Registry. The party must also email an electronic version of all these documents to the Registry at [email protected].

An application for review must be made within 90 days following the public delivery of the judgment (Article 6, paragraph 5, of the Rules). The President may, upon request, extend or reopen this time limit.

There is no obligation to exhaust internal means of redress before filing an application for review.

The form is available hereinafter: