2011-Ģ��ƵAT-145

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT affirmed the Ģ��ƵDT order denying revision. Ģ��ƵAT held that a change in law is not a ��fact�� contemplated by Article 12. 1 of the Ģ��ƵDT Statute. Ģ��ƵAT held that the issuance of new jurisprudence by Ģ��ƵAT is an issue of law, not of fact.

Decision Contested or Judgment/Order Appealed

Ģ��ƵDT Order: The Secretary-General submitted an application with Ģ��ƵDT for revision of its judgment, under Article 29 of the Ģ��ƵDT RoP. The Secretary-General considered the new decision of Ģ��ƵAT to fix the interest rate applicable to pre-judgment compensation at the US prime rate to be a ��decisive fact�� which was unknown at the time of the Ģ��ƵDT judgment. The Secretary-General maintained that Ģ��ƵDT��s award of eight per cent rate on the pre-judgment compensation was contrary to the new jurisprudence of Ģ��ƵAT and, should, therefore be revised. Ģ��ƵDT rejected the application for revision, holding that the issuance of new jurisprudence by Ģ��ƵAT did not constitute a new fact.

Legal Principle(s)

The issuance of new jurisprudence by Ģ��ƵAT is an issue of law and does not constitute a new fact.

Outcome

Appeal dismissed on receivability

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