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ºÚÁÏÉçapp

Settlement of disputes

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

ºÚÁÏÉçapp rules regarding the settlement of disputes depend on the Parties involved.

Disputes involving the ºÚÁÏÉçapp Members

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

Disputes involving ºÚÁÏÉçapp staff members

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

ºÚÁÏÉçapp staff members may bring their ºÚÁÏÉçapp-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 ºÚÁÏÉçapp staff members.

Disputes involving contractors

The ºÚÁÏÉçapp Agreement and its Annexes foresee that all contracts entered into by the ºÚÁÏÉçapp 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).