Amendments to the Rules of the Tribunal
During its last session, the World Bank Administrative Tribunal reviewed its Rules and enacted the amendments listed below. These amendments apply to applications filed on or after January 1, 2002.
A. The following Rule has been added after existing Rule 7:
- Any objection by the respondent to the jurisdiction of the Tribunal or to the admissibility of the application, or any other objection for which a decision is sought before any further proceedings on the merits take place, shall be made in writing within twenty-one days of the date of the receipt by the respondent of the application.
- The preliminary objection shall set forth the facts and the law upon which the objection is based.
- Upon receipt by the Executive Secretary of a preliminary objection, the proceedings on the merits shall be suspended and the President of the Tribunal shall fix the time-limit within which the applicant may present a written answer to the objection.
- The President of the Tribunal shall decide whether and to what extent additional pleadings may be required of the parties.
- The Tribunal or, when the Tribunal is not in session, the President of the Tribunal may join the preliminary objection to the merits if there appears to be significant overlap of issues or contentions.
B. The following Rule has been added after existing Rule 11:
- The filing of an application shall not suspend the execution of the decision contested. However, the applicant may submit to the President of the Tribunal a request to suspend the contested decision until the Tribunal renders its judgment in the case.
- A request for the suspension of the contested decision shall, unless it is manifestly unfounded, be transmitted to the respondent for its answer within a period of time to be determined by the President of the Tribunal.
- The Tribunal or, when the Tribunal is not in session, the President of the Tribunal may grant such a request in a case in which the execution of the decision is shown to be highly likely to result in grave hardship to the applicant that cannot otherwise be redressed.
C. The following Rule has been added after existing Rule 23:
- Either the applicant or the respondent to a case brought before the Tribunal may request that the Tribunal’s judgment in the case be applied to all staff members similarly situated, whether or not such staff members have made application to or intervened in the proceedings before the Tribunal. The request must be made by the applicant not later than the date fixed for the filing of the reply, or by the respondent not later than the date fixed for the filing of the rejoinder.
- The President of the Tribunal may grant the request under such conditions as he or she may find appropriate in the circumstances where it is shown that there exists an identifiable group of similarly situated staff who share a common legal or factual position and where such a ruling would best serve judicial efficiency in clarifying the rights or obligations of the specified group.
- The Tribunal may determine in its judgment the extent to which its judgment will apply and to whom it may apply within the specified group.
D. The following Rule has been added directly after the above Rule on representative cases:
Consolidation of cases or pleadings
- Applicants in separate cases, or the respondent, may request the Tribunal to consolidate the cases in question, or any aspect of the pleadings in the cases. In deciding on the request, the Tribunal will consider the extent to which identical issues of law or fact are presented.
- The Tribunal may on its own initiative order the consolidation of cases, or aspects of pleadings in separate cases, where it deems that identical issues of law or fact are presented.
E. The following Rule has been added directly after the above Rule on consolidation of cases or pleadings:
- An applicant who wishes that his or her name not be made public may request anonymity at the time when the application instituting proceedings is submitted to the Tribunal and, in any event, no later than by the date of the filing of his or her written reply to the answer.
- A request for anonymity shall be transmitted to the respondent for comment within a period of time to be determined by the President of the Tribunal.
- The President of the Tribunal may grant a request for anonymity in cases where publication of the applicant’s name is likely to be seriously prejudicial to the applicant.
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