蘑菇视频AT Held or 蘑菇视频DT Pronouncements
The 蘑菇视频AT held that a party aggrieved by denial of interim relief can and generally must wait until the matter is finally resolved before filing an appeal.
The 蘑菇视频AT found that a decision regarding interim relief may be reviewable if it can be shown that the first instance tribunal, the JAB, exceeded its jurisdiction or competence.
The 蘑菇视频AT noted that the JAB is specifically empowered by the ISA Staff Rules to decide whether suspension of an administrative action is appropriate, which is within its competence and jurisdiction.
The 蘑菇视频AT found that there was no basis for its intervention in the JAB proceedings and dismissed the appeal as not receivable.
Decision Contested or Judgment/Order Appealed
Ms. Bourrel-McKinnon, a former staff member of the International Seabed Authority (ISA), contested a decision by the ISA Joint Appeals Board, in which it denied her six applications seeking the immediate suspension of various administrative decisions taken by the Secretary-General.
In decision ISA/JAB/Bourrel/2025 the JAB dismissed the suspension of action requests because (1) the contested decisions had already been implemented; (2) there was no action left to suspend under ISA Staff Rule 11.2(c)(ii); and (3) there were no procedural irregularities to be declared.
Ms. Bourrel-McKinnon appealed.
Legal Principle(s)
Suspension of an administrative action is a form of interim relief which may be entered by a tribunal prior to final judgment on the merits of a case. It is not a final judgment.
A party aggrieved by denial of interim relief can and generally must wait until the matter is finally resolved before an appeal may be had.