±¬×ߺÚÁÏ

Settlement of disputes

Pursuant to Article 12 of the ±¬×ߺÚÁÏ Agreement and the principle of immunity of jurisdiction, the ±¬×ߺÚÁÏ is exempt from domestic judicial jurisdiction and is therefore is not subject to law suits, claims or enforcement proceedings in domestic tribunals.

±¬×ߺÚÁÏ rules regarding the settlement of disputes depend on the Parties involved.

Disputes involving the ±¬×ߺÚÁÏ Members

The ±¬×ߺÚÁÏ Agreement requires that disputes among the ±¬×ߺÚÁÏ Members, or between the ±¬×ߺÚÁÏ Members and the ±¬×ߺÚÁÏ, shall be settled by peaceful means such as consultation, mediation or other procedures such as arbitration (Article 25). The ±¬×ߺÚÁÏ Members are free to decide on the form of dispute resolution and to agree on the procedures.

Disputes involving ±¬×ߺÚÁÏ staff members

Staff members of the ±¬×ߺÚÁÏ are international civil servants. Disputes involving ±¬×ߺÚÁÏ staff members are governed by the Administrative Tribunal of the International Labor Organization (ILOAT), whose competence was recognized by the ±¬×ߺÚÁÏ in 2009.  

±¬×ߺÚÁÏ staff members may bring their ±¬×ߺÚÁÏ-related employment disputes before the ILOAT once they have exhausted all the internal procedures available to them under the Staff Regulations.

National tribunals are not competent to adjudicate complaints from ±¬×ߺÚÁÏ staff members.

Disputes involving contractors

The ±¬×ߺÚÁÏ Agreement and its Annexes foresee that all contracts entered into by the ±¬×ߺÚÁÏ include a clause on dispute settlement. This clause stipulates that all disputes must be submitted to Arbitration Courts such as the International Chamber of Commerce (ICC).