2018-Ģ��ƵAT-833

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT rejected the request for an oral hearing since it did not find that an oral hearing would assist in the expeditious and fair disposal of the case. Ģ��ƵAT held that the Ģ��ƵDT Summary judgment, finding that the application was manifestly inadmissible, was not tainted by any errors. Ģ��ƵAT held that the Appellant was asking for the execution of an alleged default judgment issued by the first instance court in the previous proceedings more than six years earlier, and for enforcement of a non-existent mediation agreement. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Ģ��ƵDT judgment: The Applicant filed an application seeking an order for execution of a ��Default judgment�� said to be issued by Ģ��ƵDT on 14 December 2009 and an order for enforcement of a ��Mediation Agreement�� dated 24 May 2010. Ģ��ƵDT dismissed the application as manifestly inadmissible.

Legal Principle(s)

A summary judgment may be issued by Ģ��ƵDT when there is no dispute concerning the facts and the moving party is entitled to judgment as a matter of law. It can be issued either in response to a party��s request or on the Tribunal��s own initiative.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Koumoin

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement