蘑菇视频

Article 12.1

  • Article 1
  • Article 10
  • Article 10.2
  • Article 10.3
  • Article 10.4
  • Article 10.5
  • Article 10.5(a)
  • Article 10.5(b)
  • Article 10.6
  • Article 10.7
  • Article 10.8
  • Article 10.9
  • Article 105
  • Article 11
  • Article 11.1
  • Article 11.2
  • Article 11.2(c)
  • Article 11.3
  • Article 11.4
  • Article 11.5
  • Article 11.6
  • Article 12
  • Article 12.1
  • Article 12.2
  • Article 12.3
  • Article 12.4
  • Article 12.5
  • Article 15.7
  • Article 18.2
  • Article 18.3
  • Article 19
  • Article 2
  • Article 2.1
  • Article 2.1(a)
  • Article 2.1(b)
  • Article 2.1(c)
  • Article 2.1(d)
  • Article 2.1(e)
  • Article 2.2
  • Article 2.3
  • Article 2.4
  • Article 2.5
  • Article 2.6
  • Article 2.7
  • Article 2.7(b)
  • Article 2.8
  • Article 2(a)
  • Article 2(b)
  • Article 3
  • Article 3.1
  • Article 3.1(a)
  • Article 3.1(b)
  • Article 3.1(c)
  • Article 32
  • Article 4.2
  • Article 4.5
  • Article 4.9
  • Article 6
  • Article 7
  • Article 7.1
  • Article 7.2
  • Article 7.2(e)
  • Article 7.2(h)
  • Article 7.2(i)
  • Article 7.5
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.1(a)
  • Article 8.1(a)
  • Article 8.1(b)
  • Article 8.1(b)(ii)
  • Article 8.1(c)
  • Article 8.1(d)
  • Article 8.1(d)(i)
  • Article 8.1(d)(i)–(iv)
  • Article 8.1(d)(i)(a)
  • Article 8.1(d)(i)(b)
  • Article 8.1(d)(ii)
  • Article 8.1(d)(iii)
  • Article 8.1(d)(iv)
  • Article 8.1(i)
  • Article 8.1(i)(b)
  • Article 8.1(ii)
  • Article 8.1(ii)(c)
  • Article 8.2
  • Article 8.2(b)
  • Article 8.2(d)(i)
  • Article 8.3
  • Article 8.3(a)
  • Article 8.4
  • Article 8.5
  • Article 8.6
  • Article 8(a)
  • Article 8(c)
  • Article 8(d)(i)
  • Article 8(d)(ii)
  • Article 9
  • Article 9.1
  • Article 9.1
  • Article 9.1(b)
  • Article 9.2
  • Article 9.3
  • Article 9.4
  • Article 9.4
  • Article 9.4
    • Showing 11 - 20 of 24
    蘑菇视频DT/2012/083, Fetahu et al.

    Request for revision of a ruling on an application for suspension of action: It follows from the combined provisions of articles 2.2, 11.3 and 12.1 of the 蘑菇视频DT Statute that a request for revision of a ruling on an application for suspension of action is not receivable. Even assuming that such a ruling might be open to revision, it is not possible for the Tribunal to revise it when the contested decision has been fully implemented.Extension of deadline for management evaluation: Staff rule 11.2(c) specifically provides that only the Secretary-General has the authority to extend the deadline for...

    蘑菇视频DT/2013/145, Abassa

    A judgment on receivability is not an executable judgment. It is not a judgment on the merits of the case where all issues have been adjudicated upon. An executable judgment is one in which the court determines on the substantive issues of the case having heard and deliberated on the evidence and arguments submitted by the parties. In so doing, it ends the dispute before the court which heard it. A judgment on receivability is based on a procedural issue. In the present case, the procedural issue had to do with the timeliness of the application and scope of the court’s jurisdiction where the...

    蘑菇视频DT/2013/129, Al-Mulla

    In that judgment, the Tribunal had inter alia found that the decision to require the Applicant to revert to his initial P-3 post had not been the subject of a management evaluation and consequently was not receivable. He requested the Tribunal to vacate certain paragraphs of the judgment. The Tribunal held that for a request for revision to be successful, all the requirements in art.12.1 of its Statute have to be met.

    蘑菇视频DT/2013/107, Al-Mulla

    The 蘑菇视频DT found that the Applicant had already submitted these two documents along with his initial application of 19 December 2011 on which judgment No. 蘑菇视频DT/2012/045 was issued. Therefore, the Applicant cannot claim that these facts were new or that the Tribunal was unaware of them, since both documents were part of the application of 19 December 2011. The 蘑菇视频DT considered that the application for revision constituted an abuse of process for which the Applicant should bear costs of 800 USD based on art. 10.6 of the Statute of the Tribunal.

    蘑菇视频DT/2014/067, Fiala

    The Tribunal held that there are two stages in the procedure for the interpretation of a judgment. First, receivability must be determined and secondly if it is receivable whether it should be interpreted. Receivability: The Tribunal considered whether the filing of an appeal should be taken to mean that it is under consideration and therefore debar an applicant from an interpretation. The Tribunal held that the mere filing of an appeal against a judgment by one party to a case constitutes no legal impediment to the other party filing for an interpretation because the filing of an appeal is...

    蘑菇视频DT/2015/064, Choi

    The Applicant argued that the decisive fact in support of his application for revision was the alleged perjury of the complainant during the hearing on the merits of Case No. 蘑菇视频DT/GVA/2011/047. The Tribunal found that the audio recording of the hearing did not, and could not, amount to and/or contain new decisive facts unknown to the Dispute Tribunal at the time Judgment 蘑菇视频DT/2011/181 was rendered for it contained all the information and testimony heard by the respective Judge before adjudicating the matter, and his judgment was based on the testimony given by the complainant. The Tribunal...

    蘑菇视频DT/2017/031, Chhikara

    The Applicant requests revision of 蘑菇视频DT/2017/012 on the grounds that the Tribunal did not consider his closing statement. The Tribunal concludes that there are no legal reasons for the Judgment to be revised. The Tribunal also notes that the reason invoked in the application for revision may be submitted as a ground of appeal, if any, before the United Nations Appeals Tribunal.

    蘑菇视频DT/2017/063, Nchimbi

    Granting an application for revision: As consistently held by the Appeals Tribunal, “the review procedure [of revision] is of a corrective nature and thus is not an opportunity for a party to reargue his or her case” (see Sanwidi 2013-蘑菇视频AT-321, para. 8. Moreover, an application for revision of a judgment is only receivable if it fulfills the strict and exceptional criteria established under art. 12.1 of the Dispute Tribunal’s Statute and art. 29 of its Rules of Procedure, namely (see James 2016-蘑菇视频AT-680, para. 13): “… Accordingly, an application for revision of judgment is only receivable if...