## Statute of the Administrative Tribunal of the International Monetary Fund ## Source details **Canonical URL:** [Statute of the Administrative Tribunal of the International Monetary Fund](https://www.imf.org/-/media/files/imfat/2020-amended-statute.pdf) ## Other formats - [Markdown version](/-/media/files/imfat/2020-amended-statute.pdf.md) - [Structured JSON version](/-/media/files/imfat/2020-amended-statute.pdf.json) --- ### Competence and scope - The Tribunal shall be competent to pass judgment upon any application: - by a member of the staff challenging the legality of an administrative act adversely affecting him; or - by an enrollee in, or beneficiary under, any retirement or other benefit plan maintained by the Fund as employer challenging the legality of an administrative act concerning or arising under any such plan which adversely affects the applicant. - The Tribunal shall apply the internal law of the Fund, including generally recognized principles of international administrative law concerning judicial review of administrative acts. - The Tribunal shall be bound by any interpretation of the Fund's Articles of Agreement decided by the Executive Board, subject to review by the Board of Governors in accordance with Article XXIX of that Agreement. - The Tribunal shall not have powers beyond those conferred under the Statute and nothing in the Statute shall limit or modify the powers of the organs of the Fund under the Articles of Agreement, including lawful discretionary authority in taking individual or regulatory decisions. ### Definitions and procedural time limits - Definitions (for purposes of the Statute): - "administrative act" means any individual or regulatory decision taken in the administration of the staff of the Fund. - "regulatory decision" means any rule concerning the terms and conditions of staff employment, including the General Administrative Orders and the Staff Retirement Plan, but excluding any resolutions adopted by the Board of Governors of the Fund. - "member of the staff" means: - (i) any person whose current or former letter of appointment, whether regular or fixed-term, provides that he shall be a member of the staff; - (ii) any current or former assistant to an Executive Director; and - (iii) any successor in interest to a deceased member of the staff as defined in (i) or (ii) above to the extent that he is entitled to assert a right of such staff member against the Fund. - Calculation of periods of time shall not include the day of the event from which the period runs, and shall include the next working day of the Fund when the last day of the period is not a working day. - The masculine pronoun shall include the feminine pronoun. - Exhaustion of administrative review (Article V): - An application may be filed with the Tribunal only after the applicant has exhausted all available channels of administrative review. - Where channels include the procedure for complaints and grievances to the Managing Director, administrative review is deemed exhausted when: - three months have elapsed since a recommendation was made to the Managing Director and the applicant has not received a decision stating that the relief requested would be granted; - a decision denying the relief requested has been notified to the applicant; or - two months have elapsed since a decision stating that the relief requested would be granted has been notified to the applicant, and the necessary measures have not actually been taken. - Where channels do not include that procedure, administrative review is deemed exhausted when: - three months have elapsed since the request for review was made and no decision stating that the relief requested would be granted has been notified to the applicant; - a decision denying the relief requested has been notified to the applicant; or - two months have elapsed since a decision stating that the relief requested would be granted has been notified to the applicant, and the necessary measures have not actually been taken. - All channels shall be deemed exhausted when the Managing Director and the applicant have agreed to submit the dispute directly to the Tribunal. - Admissibility time limits (Article VI): - An application challenging the legality of an individual decision shall not be admissible if filed more than three months after all available channels of administrative review have been exhausted, or, in the absence of such channels, after the notification of the decision. - An application challenging the legality of a regulatory decision shall not be admissible if filed more than three months after the announcement or effective date of the decision, whichever is later; provided that the illegality of a regulatory decision may be asserted at any time in support of an admissible application challenging the legality of an individual decision taken pursuant to such regulatory decision. - The Tribunal may, in exceptional circumstances and if it considers the delay justified, waive the time limits prescribed under Sections 1 or 2. - Worked illustration and computation: - If the Grievance Committee made a recommendation on January 2, the three-month period in Article V, Section 2 runs from January 3 to April 2, inclusive. - If a favorable decision is received on April 2 but relief not provided by June 2, the applicant would have three months from June 3 to September 2, inclusive. - If a response denying the request was received on March 19, the three-month period runs from the date of receipt (application could be filed until June 20, inclusive). - Waiver of time limits: - The Tribunal may waive prescribed time limits in exceptional circumstances (examples: extensive mission travel, prolonged illness, or other exigent personal circumstances), before or after the deadline, if delay is justified. ### Composition, appointment, and independence - Composition (Article VII): - The Tribunal shall be composed of five members, including the President. - As of January 1, 2010, members shall be appointed as follows: - The President shall be appointed for four years by the Managing Director after consultation with the Staff Association and with the approval of the Executive Board. - Other members shall be appointed for four years by the Managing Director after appropriate consultation. As a transitional measure, two members shall be appointed for a term of only two years beginning on January 1, 2010. - Members shall have no prior or present employment relationship with the Fund, must be nationals of a member country of the Fund at the time of their appointments and must possess the qualifications required for appointment to high judicial office or be jurisconsults of recognized competence. - Reappointment and term limitations: - The President and the other members may be reappointed for a maximum of two additional terms; provided that service on the Tribunal prior to January 1, 2010 shall not be taken into account with respect to this limit. - A member appointed to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor’s term; any such interim appointment shall not be taken into account when applying the term limitation. - Recusal and panels: - Any member who has a conflict of interest in a case shall recuse himself. - Decisions in a case shall be taken by a panel composed of the President and two other members designated by the President. If the President recuses himself or is otherwise unable to hear a case, the most senior of the members shall act as President for that case; if two or more members are of equal seniority, the eldest shall act as President. - Termination: - The Managing Director shall terminate the appointment of a member who, in the unanimous opinion of the other members, is unsuited for further service. - Independence (Article VIII): - Members shall be completely independent in the exercise of their duties; they shall not receive any instructions or be subject to any constraint. - In the performance of their functions, members shall be considered as officers of the Fund for purposes of the Articles of Agreement of the Fund. - Members shall not be eligible for staff employment with the Fund following the end of their service with the Tribunal. - Members shall enjoy the privileges and immunities enjoyed by officers and employees of the Fund under Article IX, Section 8 of the Articles of Agreement, including immunity from judicial process. - The Article does not preclude ad hoc consulting assignments that may be in the interest of the organization and for which a former member of the Tribunal would be uniquely qualified. ### Administrative arrangements, sessions, and procedures - Administrative arrangements (Article IX): - The Managing Director shall make the administrative arrangements necessary for the functioning of the Tribunal and shall designate personnel to serve as a Secretariat to the Tribunal; such personnel shall be under the authority of the President and shall not, at any time, disclose confidential information received in the performance of their duties. - The expenses of the Tribunal shall be borne by the Fund, including fees and expenses paid to the President and associate members in connection with the performance of their duties. - Rules of Procedure and assistance (Article X): - The Tribunal, by majority vote, shall establish its Rules of Procedure, which shall include provisions concerning presentation of applications, intervention by affected persons, presentation of testimony and other evidence, summary dismissal of applications without disposition on the merits, and other matters relating to the functioning of the Tribunal. - Each party may be assisted by counsel of his choice, other than members of the Fund's Legal Department, and shall bear the cost thereof, subject to Article XIV, Section 4 and Article XV. - Sessions and proceedings (Articles XI–XII): - The Tribunal shall ordinarily hold its sessions at the Fund's headquarters; it may decide to hold a session at another location or by electronic means, taking into account the need for fairness and efficiency in the conduct of proceedings. - The Tribunal shall decide in each case whether oral proceedings are warranted; oral proceedings shall be open to all interested persons unless the Tribunal decides exceptional circumstances require they be held in private. - Hybrid sessions involving both in-person and electronic attendance are permitted consistent with the Rules of Procedure. ### Evidence, remedies, costs, and implementation - Evidence (Article X): - The Tribunal may require production of documents held by the Fund, except that the Managing Director may withhold evidence if he determines introduction might hinder the operation of the Fund because of the secret or confidential nature of the document; such a determination shall be binding on the Tribunal. - Where evidence is withheld, the applicant's allegations concerning the contents of any document so withheld shall be deemed to have been demonstrated in the absence of probative evidence to the contrary. - The Tribunal may examine witnesses and experts, subject to the same qualification. - Remedies and compensation (Article XIV): - If the Tribunal concludes that an application challenging the legality of an individual decision is well-founded, it shall prescribe the rescission of such decision and all other measures required to correct the effects of that decision. - When prescribing non-monetary measures, the Tribunal shall fix an amount of compensation to be paid to the applicant should the Managing Director, within one month of notification of the judgment, decide, in the interest of the Fund, that such measures shall not be implemented. - The amount of such compensation shall not exceed the equivalent of three hundred percent (300%) of the current or, as the case may be, last annual salary of such person from the Fund. The Tribunal may, in exceptional cases and when it considers it justified, order payment of a higher compensation with a statement of specific reasons. - If the Tribunal concludes that an application challenging the legality of a regulatory decision is well-founded, it shall annul such decision; any individual decision adversely affecting a staff member taken before or after the annulment and on the basis of such regulatory decision shall be null and void. - Costs and awards: - If the Tribunal concludes an application is well-founded in whole or in part, it may order that reasonable costs incurred by the applicant in the case, including the cost of applicant's counsel, be totally or partially borne by the Fund, taking into account nature and complexity, quality of work performed, and amount of fees in relation to prevailing rates. - The Tribunal may order the applicant to compensate the Fund for all or part of the cost of defending the case if it finds the application was manifestly without foundation in fact or law, unless based on a good faith argument for extension/modification/reversal of existing law, or if the applicant intended to delay resolution or harass; amounts awarded shall be collected by way of deductions from payments owed by the Fund to the applicant or otherwise, as determined by the Managing Director, who may in particular cases waive the claim of the Fund. - Implementation procedures: - When a procedure prescribed in the rules of the Fund for taking a decision has not been observed, the Tribunal may, at the request of the Managing Director, adjourn the proceedings for institution of the required procedure or for adoption of corrective measures, for which the Tribunal shall establish a time certain. - The filing of an application shall not suspend implementation of the contested decision. - No application may be filed or maintained after the applicant and the Fund have reached an agreement on the settlement of the dispute giving rise to the application. ### Finality, review, corrections, archives, and limits - Finality and revision: - All decisions of the Tribunal shall be by majority vote. - Judgments shall be final, subject to Article XVI and Article XVII, and without appeal. - A party may request revision of a judgment within six months after acquiring knowledge of a newly discovered fact which might have had a decisive influence on the judgment and which was unknown both to the Tribunal and to that party at the time the judgment was delivered (Article XVI). - The Tribunal may interpret or correct any judgment whose terms appear obscure or incomplete, or which contains a typographical or arithmetical error (Article XVII). - Archives and publication: - The original of each judgment shall be filed in the archives of the Fund; a copy attested to by the President shall be delivered to each party concerned. - A copy shall be made available by the Secretariat on request to any interested person, provided the President may decide that identities or other means of identification of the applicant or other persons mentioned in the judgment shall be deleted from such copies (Article XVIII). - Temporal and jurisdictional limits: - The Tribunal shall not be competent to pass judgment upon any application challenging the legality or asserting the illegality of an administrative act taken before October 15, 1992, even if channels of administrative review concerning that act were exhausted only after that date (Article XX, Section 1). - For decisions taken between October 15, 1992 and the establishment of the Tribunal, an application shall be admissible only if filed within three months after the establishment of the Tribunal; for this purpose the Tribunal shall be deemed established when the staff has been notified by the Managing Director that all the members of the Tribunal have been appointed (Article XX, Section 2). - The competence of the Tribunal may be extended to any international organization upon terms established by a special agreement with the Fund; each such special agreement shall provide that the organization shall be bound by the judgments of the Tribunal and be responsible for payment of any compensation awarded by the Tribunal in respect of a staff member of that organization and shall include provisions concerning participation in administrative arrangements and sharing expenses (Article XXI). ### Amendments and selected Board of Governors resolutions - Historical amendments and commentary: - The Commentary on the Proposed Statute was included in the Report of the Executive Board to the Board of Governors on the Establishment of an Administrative Tribunal for the International Monetary Fund (1992). - In 2009, by Resolution No. 64-1, the Board of Governors amended Articles VII and VIII of the Statute. (Effective April 6, 2009.) - In 2020, by Resolution No. 75-2, the Board of Governors amended Article XI of the Statute to provide flexibility for the Tribunal to convene sessions away from the Fund's headquarters or by electronic means. (Effective July 14, 2020.) - Selected Board resolutions: - Resolution No. 48-1: Establishment of the Administrative Tribunal of the International Monetary Fund. (Effective December 21, 1992.) - Resolution No. 64-1: Amendments to Articles VII and VIII. (Effective April 6, 2009.) - Resolution No. 75-2: Amendment to Article XI permitting sessions away from headquarters or by electronic means. (Effective July 14, 2020.) *Source: Statute and Commentary, Administrative Tribunal of the International Monetary Fund.* ### 1. The Tribunal shall be competent to pass judgment upon any ### Statute of the Administrative Tribunal of the International Monetary Fund ### Competence and scope - The Tribunal shall be competent to pass judgment upon any application: - by a member of the staff challenging the legality of an administrative act adversely affecting him; or - by an enrollee in, or beneficiary under, any retirement or other benefit plan maintained by the Fund as employer challenging the legality of an administrative act concerning or arising under any such plan which adversely affects the applicant. - The Tribunal shall apply the internal law of the Fund, including generally recognized principles of international administrative law concerning judicial review of administrative acts. - The Tribunal shall be bound by any interpretation of the Fund's Articles of Agreement decided by the Executive Board, subject to review by the Board of Governors in accordance with Article XXIX of that Agreement. - The Tribunal shall not have powers beyond those conferred under the Statute and nothing in the Statute shall limit or modify the powers of the organs of the Fund under the Articles of Agreement, including lawful discretionary authority in taking individual or regulatory decisions. ### Definitions and procedural time limits - Definitions (for purposes of the Statute): - "administrative act" means any individual or regulatory decision taken in the administration of the staff of the Fund. - "regulatory decision" means any rule concerning the terms and conditions of staff employment, including the General Administrative Orders and the Staff Retirement Plan, but excluding any resolutions adopted by the Board of Governors of the Fund. - "member of the staff" means: - (i) any person whose current or former letter of appointment, whether regular or fixed-term, provides that he shall be a member of the staff; - (ii) any current or former assistant to an Executive Director; and - (iii) any successor in interest to a deceased member of the staff as defined in (i) or (ii) above to the extent that he is entitled to assert a right of such staff member against the Fund. - Calculation of periods of time shall not include the day of the event from which the period runs, and shall include the next working day of the Fund when the last day of the period is not a working day. - The masculine pronoun shall include the feminine pronoun. - Exhaustion of administrative review (Article V): - An application may be filed with the Tribunal only after the applicant has exhausted all available channels of administrative review. - Where channels include the procedure for complaints and grievances to the Managing Director, administrative review is deemed exhausted when: - three months have elapsed since a recommendation was made to the Managing Director and the applicant has not received a decision stating that the relief requested would be granted; - a decision denying the relief requested has been notified to the applicant; or - two months have elapsed since a decision stating that the relief requested would be granted has been notified to the applicant, and the necessary measures have not actually been taken. - Where channels do not include that procedure, administrative review is deemed exhausted when: - three months have elapsed since the request for review was made and no decision stating that the relief requested would be granted has been notified to the applicant; - a decision denying the relief requested has been notified to the applicant; or - two months have elapsed since a decision stating that the relief requested would be granted has been notified to the applicant, and the necessary measures have not actually been taken. - All channels shall be deemed exhausted when the Managing Director and the applicant have agreed to submit the dispute directly to the Tribunal. - Admissibility time limits (Article VI): - An application challenging the legality of an individual decision shall not be admissible if filed more than three months after all available channels of administrative review have been exhausted, or, in the absence of such channels, after the notification of the decision. - An application challenging the legality of a regulatory decision shall not be admissible if filed more than three months after the announcement or effective date of the decision, whichever is later; provided that the illegality of a regulatory decision may be asserted at any time in support of an admissible application challenging the legality of an individual decision taken pursuant to such regulatory decision. - The Tribunal may, in exceptional circumstances and if it considers the delay justified, waive the time limits prescribed under Sections 1 or 2. ### Composition, appointment, and independence - Composition (Article VII): - The Tribunal shall be composed of five members, including the President. - As of January 1, 2010, members shall be appointed as follows: - The President shall be appointed for four years by the Managing Director after consultation with the Staff Association and with the approval of the Executive Board. - Other members shall be appointed for four years by the Managing Director after appropriate consultation. As a transitional measure, two members shall be appointed for a term of only two years beginning on January 1, 2010. - Members shall have no prior or present employment relationship with the Fund, must be nationals of a member country of the Fund at the time of their appointments and must possess the qualifications required for appointment to high judicial office or be jurisconsults of recognized competence. - Reappointment and term limitations: - The President and the other members may be reappointed for a maximum of two additional terms; provided that service on the Tribunal prior to January 1, 2010 shall not be taken into account with respect to this limit. - A member appointed to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor’s term; any such interim appointment shall not be taken into account when applying the term limitation. - Recusal and panels: - Any member who has a conflict of interest in a case shall recuse himself. - Decisions in a case shall be taken by a panel composed of the President and two other members designated by the President. If the President recuses himself or is otherwise unable to hear a case, the most senior of the members shall act as President for that case; if two or more members are of equal seniority, the eldest shall act as President. - Termination: - The Managing Director shall terminate the appointment of a member who, in the unanimous opinion of the other members, is unsuited for further service. - Independence (Article VIII): - Members shall be completely independent in the exercise of their duties; they shall not receive any instructions or be subject to any constraint. - In the performance of their functions, members shall be considered as officers of the Fund for purposes of the Articles of Agreement of the Fund. - Members shall not be eligible for staff employment with the Fund following the end of their service with the Tribunal. ### Administrative arrangements, sessions, and procedures - Administrative arrangements (Article IX): - The Managing Director shall make the administrative arrangements necessary for the functioning of the Tribunal and shall designate personnel to serve as a Secretariat to the Tribunal; such personnel shall be under the authority of the President and shall not, at any time, disclose confidential information received in the performance of their duties. - The expenses of the Tribunal shall be borne by the Fund. - Sessions and proceedings: - The Tribunal shall ordinarily hold its sessions at the Fund's headquarters; it may decide to hold a session at another location or by electronic means, taking into account the need for fairness and efficiency in the conduct of proceedings (Article XI). - The Tribunal shall decide in each case whether oral proceedings are warranted; oral proceedings shall be open to all interested persons unless the Tribunal decides exceptional circumstances require they be held in private (Article XII). - Rules of Procedure and assistance (Article X): - The Tribunal, by majority vote, shall establish its Rules of Procedure, which shall include provisions concerning presentation of applications, intervention by affected persons, presentation of testimony and other evidence, summary dismissal of applications without disposition on the merits, and other matters relating to the functioning of the Tribunal. - Each party may be assisted by counsel of his choice, other than members of the Fund's Legal Department, and shall bear the cost thereof, subject to Article XIV, Section 4 and Article XV. ### Evidence, remedies, costs, and implementation - Evidence (Article X): - The Tribunal may require production of documents held by the Fund, except that the Managing Director may withhold evidence if he determines introduction might hinder the operation of the Fund because of the secret or confidential nature of the document; such a determination shall be binding on the Tribunal. - Where evidence is withheld, the applicant's allegations concerning the contents of any document so withheld shall be deemed to have been demonstrated in the absence of probative evidence to the contrary. - The Tribunal may examine witnesses and experts, subject to the same qualification. - Remedies and compensation (Article XIV): - If the Tribunal concludes that an application challenging the legality of an individual decision is well-founded, it shall prescribe the rescission of such decision and all other measures required to correct the effects of that decision. - When prescribing non-monetary measures, the Tribunal shall fix an amount of compensation to be paid to the applicant should the Managing Director, within one month of notification of the judgment, decide, in the interest of the Fund, that such measures shall not be implemented. - The amount of such compensation shall not exceed the equivalent of three hundred percent (300%) of the current or, as the case may be, last annual salary of such person from the Fund. The Tribunal may, in exceptional cases and when it considers it justified, order payment of a higher compensation with a statement of specific reasons. - If the Tribunal concludes that an application challenging the legality of a regulatory decision is well-founded, it shall annul such decision; any individual decision adversely affecting a staff member taken before or after the annulment and on the basis of such regulatory decision shall be null and void. - Costs and awards: - If the Tribunal concludes an application is well-founded in whole or in part, it may order that reasonable costs incurred by the applicant in the case, including the cost of applicant's counsel, be totally or partially borne by the Fund, taking into account nature and complexity, quality of work performed, and amount of fees in relation to prevailing rates. - The Tribunal may order the applicant to compensate the Fund for all or part of the cost of defending the case if it finds the application was manifestly without foundation in fact or law, unless based on a good faith argument for extension/modification/reversal of existing law, or if the applicant intended to delay resolution or harass; amounts awarded shall be collected by way of deductions from payments owed by the Fund to the applicant or otherwise, as determined by the Managing Director, who may in particular cases waive the claim of the Fund. - Implementation procedures: - When a procedure prescribed in the rules of the Fund for taking a decision has not been observed, the Tribunal may, at the request of the Managing Director, adjourn the proceedings for institution of the required procedure or for adoption of corrective measures, for which the Tribunal shall establish a time certain. - The filing of an application shall not suspend implementation of the contested decision. - No application may be filed or maintained after the applicant and the Fund have reached an agreement on the settlement of the dispute giving rise to the application. ### Finality, review, corrections, archives, and limits - Finality and revision: - All decisions of the Tribunal shall be by majority vote. - Judgments shall be final, subject to Article XVI and Article XVII, and without appeal. - A party may request revision of a judgment within six months after acquiring knowledge of a newly discovered fact which might have had a decisive influence on the judgment and which was unknown both to the Tribunal and to that party at the time the judgment was delivered (Article XVI). - The Tribunal may interpret or correct any judgment whose terms appear obscure or incomplete, or which contains a typographical or arithmetical error (Article XVII). - Archives and publication: - The original of each judgment shall be filed in the archives of the Fund; a copy attested to by the President shall be delivered to each party concerned. - A copy shall be made available by the Secretariat on request to any interested person, provided the President may decide that identities or other means of identification of the applicant or other persons mentioned in the judgment shall be deleted from such copies (Article XVIII). - Temporal and jurisdictional limits: - The Tribunal shall not be competent to pass judgment upon any application challenging the legality or asserting the illegality of an administrative act taken before October 15, 1992, even if channels of administrative review concerning that act were exhausted only after that date (Article XX, Section 1). - For decisions taken between October 15, 1992 and the establishment of the Tribunal, an application shall be admissible only if filed within three months after the establishment of the Tribunal; for this purpose the Tribunal shall be deemed established when the staff has been notified by the Managing Director that all the members of the Tribunal have been appointed (Article XX, Section 2). - The competence of the Tribunal may be extended to any international organization upon terms established by a special agreement with the Fund; each such special agreement shall provide that the organization shall be bound by the judgments of the Tribunal and be responsible for payment of any compensation awarded by the Tribunal in respect of a staff member of that organization and shall include provisions concerning participation in administrative arrangements and sharing expenses (Article XXI). ### Amendments and historical notes - The Commentary on the Proposed Statute was included in the Report of the Executive Board to the Board of Governors on the Establishment of an Administrative Tribunal for the International Monetary Fund (1992). - In 2009, by Resolution No. 64-1, the Board of Governors amended Articles VII and VIII of the Statute. - In 2020, by Resolution No. 75-2, the Board of Governors amended Article XI of the Statute; the consolidated Commentary incorporates the revisions to the Commentary on these Articles included in the Reports of the Executive Board to the Board of Governors on Amendments to the Statute of the Administrative Tribunal for the International Monetary Fund (2009 and 2020). *Statute of the Administrative Tribunal of the International Monetary Fund* ### Section 1(a) provides that the tribunal would be empowered to ### 2020-amended-statute - Section 1(a) provides that the tribunal would be empowered to ### Jurisdiction and competence of the Tribunal (Section 1(a) and 1(b)) - Section 1(a) provides that the Tribunal would be empowered to review a staff member's challenge to the legality of an "administrative act" that adversely affects him. - Section 1(b) sets forth competence with respect to retirement and other benefit plans maintained by the Fund (examples given: the Staff Retirement Plan (SRP), the Medical Benefits Plan (MBP), and the Group Life Insurance Plan). - Individuals who are enrollees in, or beneficiaries under, any retirement or other benefit plan maintained by the Fund as employer may challenge the legality of an administrative act concerning or arising under any such plan which adversely affects the applicant. - Such nonstaff individuals may assert claims only with respect to decisions arising under or concerning the Fund's retirement or benefit plans and may not challenge other types of administrative acts before the Tribunal. ### Definition of subject matter jurisdiction (Section 2, subsections a–b) - For purposes of the Statute: - the expression "administrative act" shall mean any individual or regulatory decision taken in the administration of the staff of the Fund; - the expression "regulatory decision" shall mean any rule concerning the terms and conditions of staff employment, including the General Administrative Orders and the Staff Retirement Plan, but excluding any resolutions adopted by the Board of Governors of the Fund. - The Tribunal would be competent to hear cases challenging the legality of an "administrative act," intended to encompass all decisions affecting the terms and conditions of employment at the Fund, including staff regulations set forth in the N Rules. - The statute makes explicit that the Tribunal would have jurisdiction to review regulatory decisions either directly or in the context of reviewing an individual decision based on the regulatory decision (examples of regulatory subject matter include Executive Board decisions regarding employment policy such as adjustments to compensation, pensions, tax allowance, benefits, and job grading, the SRP, and staff rules and regulations promulgated by management). ### Who may bring claims (Section 2, subsection c) - the expression "member of the staff" shall mean: - (i) any person whose current or former letter of appointment, whether regular or fixed-term, provides that he shall be a member of the staff; - (ii) any current or former assistant to an Executive Director; and - (iii) any successor in interest to a deceased member of the staff as defined in (i) or (ii) above to the extent that he is entitled to assert a right of such staff member against the Fund. - Consequences and limits: - Persons entitled to assert the rights of a deceased staff member (e.g., personal representative of the estate) may pursue unresolved claims such as termination payments. - Unsuccessful candidates to the staff may not bring claims before the Tribunal. - Persons employed under contract to the Fund have no access to the Tribunal. - The Staff Association may not bring actions in its own name before the Tribunal. ### Time computation and gender language (Section 2, subsections d–e) - The calculation of a period of time shall not include the day of the event from which the period runs, and shall include the next working day of the Fund when the last day of the period is not a working day. - The period would start to run on the day after the date on which the challenged decision is rendered; if the last day of the period falls on a weekend or holiday, the deadline is extended through the next working day. - The masculine pronoun shall include the feminine pronoun. ### Limits on the Tribunal's powers and standards of review (Article III) - First sentence: The Tribunal shall not have any powers beyond those conferred under this Statute. - Administrative tribunals have limited jurisdiction; competence exists only to the extent conferred by the Statute. - Second sentence: In deciding on an application, the Tribunal shall apply the internal law of the Fund, including generally recognized principles of international administrative law concerning judicial review of administrative acts. - The Tribunal is to apply well-established principles for review of actions by decision-making organs, including noninterference with the proper exercise of authority by those organs. - Review of regulatory decisions is permitted but narrow; the Tribunal must respect broad protections for the exercise of authority by the Fund’s decision-making organs. - Discretionary individual decisions may be overturned only if shown to be arbitrary, capricious, discriminatory, improperly motivated, based on an error of law or fact, or carried out in violation of fair and reasonable procedures. - The Tribunal must not substitute its judgment for managerial determinations such as assessments of professional qualifications, promotions, or dismissals for unsatisfactory performance. - The internal law of the Fund includes formal written sources (Articles of Agreement, By-Laws and Rules and Regulations, General Administrative Orders) and unwritten sources (administrative practice and general principles such as the right to be heard). - The Fund reserves broad powers to alter terms and conditions of employment prospectively, subject to protection of acquired or vested rights and non-retroactivity principles; urgent and unavoidable financial imbalances may justify subsequent adjustments if reasonably justified. - Third sentence: Nothing in this Statute shall limit or modify the powers of the organs of the Fund under the Articles of Agreement, including the lawful exercise of their discretionary authority in taking individual or regulatory decisions, such as those establishing or amending the terms and conditions of employment with the Fund. - Establishment of the Tribunal would not affect authority conferred on other organs under the Articles of Agreement (examples: Article XII, Section 3(a) and Section 4(b) regarding conduct of business by the Executive Board and Managing Director). - Judicial bodies have repeatedly affirmed incapacity to substitute their own judgments for those of authorities endowed with discretion. - Fourth sentence: The Tribunal shall be bound by any interpretation of the Fund's Articles of Agreement decided by the Executive Board, subject to review by the Board of Governors in accordance with Article XXIX of that Agreement. - Executive Board interpretations of the Articles are binding on the Tribunal in context of a challenge to a decision, although such interpretations remain reviewable by the Board of Governors under Article XXIX. - Distinction retained between interpretations of the Articles and findings of legality: the Tribunal still makes findings of legality but those findings must be consistent with Executive Board interpretations. ### Tribunal self-determination of competence (Article IV) - Any issue concerning the competence of the Tribunal shall be settled by the Tribunal in accordance with this Statute. - The Tribunal would have authority to determine its own competence within the terms of its Statute, allowing interpretation but not expansion of its competence. *Commentary on the Statute, Administrative Tribunal of the IMF* ### 1. When the Fund has established channels of administrative ### 1. When the Fund has established channels of administrative review for the settlement of disputes, an application may be filed with the Tribunal only after the applicant has exhausted all available channels of administrative review. ### Exhaustion of administrative review (Article V) - An application to the Tribunal is admissible only after all available channels of administrative review have been exhausted. - Where administrative review includes procedures for complaints and grievances of individual staff members: - Administrative review is deemed exhausted when: - three months have elapsed since a recommendation on the matter has been made to the Managing Director and the applicant has not received a decision stating that the relief he requested would be granted; - a decision denying the relief requested has been notified to the applicant; or - two months have elapsed since a decision stating that the relief requested would be granted has been notified to the applicant, and the necessary measures have not actually been taken. - Where available channels do not include the procedure described above: - A channel is deemed exhausted when: - three months have elapsed since the request for review was made and no decision stating that the relief requested would be granted has been notified to the applicant; - a decision denying the relief requested has been notified to the applicant; or - two months have elapsed since a decision stating that the relief requested would be granted has been notified to the applicant, and the necessary measures have not actually been taken. - All channels are deemed exhausted when the Managing Director and the applicant have agreed to submit the dispute directly to the Tribunal. ### Time limits for filing (Article VI) - Applications challenging the legality of an individual decision: - Not admissible if filed more than three months after all available channels of administrative review have been exhausted, or, in the absence of such channels, more than three months after the notification of the decision. - Applications challenging the legality of a regulatory decision: - Not admissible if filed more than three months after the announcement or effective date of the decision, whichever is later. - The illegality of a regulatory decision may be asserted at any time in support of an admissible application challenging the legality of an individual decision taken pursuant to such regulatory decision. - The three-month tribunal filing period: - Does not include time required for administrative review; begins only after administrative review is fully exhausted and the Managing Director has decided whether to implement the Committee's recommendation. - Comparative statutes: - Other international administrative tribunals generally allow 60 days or 90 days; the statute of limitations in other tribunals does not exceed 90 days except in cases of death. - Footnote: Compare the WBAT Statute (90 days); UNAT Statute (90 days); IDBAT Statute (60 days). - Worked illustration: - If the Grievance Committee made a recommendation on January 2, the three-month period in Article V, Section 2 runs from January 3 to April 2, inclusive. - If the applicant’s three-month filing period then begins, he would have three months from April 3 to July 2, inclusive, to file. - If a favorable decision is received on April 2 but relief not provided by June 2, the applicant would have three months from June 3 to September 2, inclusive, to file. - If a response denying the request was received before April 2 (e.g., March 19), the three-month period runs from the date of receipt (e.g., application could be filed until June 20, inclusive). - Waiver of time limits: - In exceptional circumstances, the Tribunal may waive the time limits prescribed under Sections 1 or 2 if it considers the delay justified (e.g., extensive mission travel, prolonged illness, or other exigent personal circumstances). - A waiver may be requested before or after the deadline; waiver requires a finding that the delay was justified. ### Effects of filing and settlements - Filing an application does not suspend the implementation of the contested decision. - The Tribunal may order interim measures if warranted, but the general rule is that filing does not stay effectiveness of the decision (consistent with other tribunals). - No application may be filed or maintained after the applicant and the Fund have reached an agreement on the settlement of the dispute giving rise to the application. ### Tribunal composition, appointment, and panels (Article VII) - The Tribunal shall be composed of five members, including the President. - Appointment terms and procedures (as of January 1, 2010): - The President: - Appointed for four years by the Managing Director after consultation with the Staff Association and with the approval of the Executive Board. - Other members: - Appointed for four years by the Managing Director after appropriate consultation. - As a transitional measure, two members shall be appointed for a term of only two years beginning on January 1, 2010. - Qualifications and restrictions: - Members shall have no prior or present employment relationship with the Fund. - Members must be nationals of a member country of the Fund at the time of their appointments. - Members must possess the qualifications required for appointment to high judicial office or be jurisconsults of recognized competence. - Reappointment and term limits: - The President and other members may be reappointed for a maximum of two additional terms in accordance with appointment procedures. - Service on the Tribunal prior to January 1, 2010 shall not be taken into account with respect to this limit. - A member appointed to replace a member whose term has not expired shall hold office for the remainder of the predecessor’s term; such interim appointment shall not be taken into account when applying the term limitation. - Conflicts and recusal: - Any member who has a conflict of interest in a case shall recuse himself. - Panels and decision-making: - Decisions in a case shall be taken by a panel composed of the President and two other members designated by the President. - If the President recuses himself or is unable to hear a case, the most senior of the members shall act as President for that case; if two or more members are of equal seniority, the eldest shall act as President. - Removal: - The Managing Director shall terminate the appointment of a member who, in the unanimous opinion of the other members, is unsuited for further service. ### Independence, status, and post-service restrictions (Article VIII) - Members shall be completely independent in the exercise of their duties; they shall not receive any instructions or be subject to any constraint. - In the performance of their functions, members shall be considered as officers of the Fund for purposes of the Articles of Agreement of the Fund. - Members shall not be eligible for staff employment with the Fund following the end of their service with the Tribunal. - Members shall enjoy the privileges and immunities enjoyed by officers and employees of the Fund under Article IX, Section 8 of the Articles of Agreement, including immunity from judicial process. - The Article does not preclude ad hoc consulting assignments that may be in the interest of the organization and for which a former member of the Tribunal would be uniquely qualified. *International Monetary Fund — Commentary on the Statute (Articles V–VIII).* ### 1. The Managing Director shall make the administrative arrange- ### 2020-amended-statute - 1. The Managing Director shall make the administrative arrange- ### Administrative arrangements and Secretariat - The Managing Director shall make the administrative arrangements necessary for the functioning of the Tribunal. - The Managing Director shall designate personnel to serve as a Secretariat to the Tribunal; such personnel, in the discharge of duties, shall be under the authority of the President and shall not, at any time, disclose confidential information received in the performance of their duties. - The personnel assigned to serve the Tribunal would be independent from the Fund in the performance of their duties and typically form a small secretariat. - The expenses of the Tribunal shall be borne by the Fund, including fees paid to and expenses incurred by the President and the associate members in connection with the performance of their duties. ### Document production, confidentiality, and evidence (Article X) - The Tribunal may require production of documents held by the Fund. - The Managing Director may withhold evidence if he determines that the introduction of such evidence might hinder the operation of the Fund because of the secret or confidential nature of the document; such a determination shall be binding on the Tribunal. - If a document is withheld and an applicant alleges its contents, the applicant's allegations concerning the contents of any document so withheld shall be deemed to have been demonstrated in the absence of probative evidence to the contrary (i.e., the applicant's assertion is prima facie evidence and creates a rebuttable presumption). - The Tribunal may examine witnesses and experts, subject to the same qualification. - Administrative tribunals typically rely largely on written evidence and pleadings in deciding cases. ### Rules of Procedure, parties, and counsel - Subject to the Statute, members of the Tribunal shall, by majority vote, establish the Tribunal's Rules of Procedure. - The Rules of Procedure shall include provisions concerning: - presentation of applications and the procedure to be followed in respect to them; - intervention by persons to whom the Tribunal is open under Section 1 of Article II, whose rights may be affected by the judgment; - presentation of testimony and other evidence; - summary dismissal of applications without disposition on the merits; and - other matters relating to the functioning of the Tribunal. - Each party may be assisted in the proceedings by counsel of his choice, other than members of the Fund's Legal Department, and shall bear the cost thereof, subject to the provisions of Article XIV, Section 4 and Article XV. - The Tribunal may adopt rules on filing, presentation of oral argument, participation of amicus curiae, and summary dismissal procedures. ### Sessions, oral proceedings, and venue (Articles XI–XII) - The Tribunal shall ordinarily hold its sessions at the Fund's headquarters. - The Tribunal may decide to hold a session at another location or by electronic means, taking into account the need for fairness and efficiency; hybrid sessions involving both in-person and electronic attendance are permitted consistent with the Rules of Procedure. - The Tribunal shall fix the dates of its sessions in accordance with its Rules of Procedure. - The Tribunal shall decide in each case whether oral proceedings are warranted; oral proceedings shall be open to all interested persons, unless the Tribunal decides exceptional circumstances require they be held in private. - Oral proceedings are relatively rare in international administrative tribunals, which generally decide cases on written submissions. ### Decision-making, finality, and confidentiality (Article XIII) - All decisions of the Tribunal shall be by majority vote. - Judgments shall be final, subject to Article XVI and Article XVII, and without appeal. - Each judgment shall be in writing and shall state the reasons on which it is based. - The deliberations of the Tribunal shall be confidential. - Dissents need not be registered, but dissenting opinions would be possible under the Statute. - Further recourse to the ICJ would not be available under this Statute. ### Remedies, annulment, and monetary limits (Article XIV) - If the Tribunal concludes an application challenging the legality of an individual decision is well-founded, it shall prescribe the rescission of such decision and all other measures required to correct the effects of that decision. - When prescribing nonmonetary measures, the Tribunal shall fix an amount of compensation payable if the Managing Director, within one month of notification of the judgment, decides in the interest of the Fund not to implement such measures. - The amount of such compensation shall not exceed the equivalent of three hundred percent (300%) of the current or, as the case may be, last annual salary of such person from the Fund. - The Tribunal may, in exceptional cases, order payment of a higher compensation; a statement of the specific reasons for such an order shall be made. - If the Tribunal concludes an application challenging the legality of a regulatory decision is well-founded, it shall annul such decision; any individual decision taken before or after the annulment on the basis of such regulatory decision shall be null and void. - A finding that a regulatory decision underpinning an individual decision is illegal in the course of reviewing an individual decision would not itself invalidate other individual decisions already taken pursuant to that regulatory decision, except as provided when the Tribunal annuls a regulatory decision. - If a regulatory decision has been in effect by the organization for over three months, an application directly challenging its legality would not be admissible. ### Costs, awards, and limits on awards - If the Tribunal concludes an application is well-founded in whole or in part, it may order that the reasonable costs incurred by the applicant in the case, including the cost of applicant's counsel, be totally or partially borne by the Fund, taking into account the nature and complexity of the case, the nature and quality of the work performed, and the amount of the fees in relation to prevailing rates. - Each side would generally bear its own costs, including attorney's fees, but Article XIV authorizes the Tribunal to order the Fund to bear reasonable costs incurred by an applicant successful in whole or in part. - Article XV permits awarding reasonable costs against an applicant whose claims were manifestly without foundation. - Tribunal practice and other tribunals indicate conservatism in awarding costs; an example cited where an applicant requested payment of costs in excess of $100,000 and was awarded $2,000 by a tribunal. - The Tribunal may award costs only to the parties (an applicant or the Fund) and not to other persons. - The Tribunal would consider whether a successful applicant prevailed only in part and whether the bulk of claims was rejected when deciding whether and how much costs to award. *Commentary on the Statute (Administrative Tribunal of the IMF)* ### 5. When a procedure prescribed in the rules of the Fund for the ### Article XIV–XXI: Tribunal procedures, remedies, and Board resolutions ### Adjournment for procedural defects and corrective measures (Section 5 of Article XIV) - When a procedure prescribed in the rules of the Fund for taking a decision has not been observed, the Tribunal may, at the request of the Managing Director, adjourn the proceedings: - for institution of the required procedure; or - for adoption of appropriate corrective measures. - The Tribunal shall establish a time certain for such adjournment. ### Costs, deterrence, and enforcement (Article XV) - The Tribunal may order that reasonable compensation be made by the applicant to the Fund for all or part of the cost of defending the case if it finds that: - the application was manifestly without foundation either in fact or under existing law, unless the applicant demonstrates that the application was based on a good faith argument for an extension, modification, or reversal of existing law; or - the applicant intended to delay the resolution of the case or to harass the Fund or any of its officers or employees. - Collection and waiver: - The amount awarded by the Tribunal shall be collected by way of deductions from payments owed by the Fund to the applicant or otherwise, as determined by the Managing Director. - The Managing Director may, in particular cases, waive the claim of the Fund against the applicant. - Purpose and scope: - The provision is intended to deter applications that are manifestly without factual basis or legal merit and amount to an abuse of the review process. - Unless summarily dismissed by the Tribunal, the Tribunal must hear the case and dispose of the matter on the merits. - The award of costs would not include expenses incurred by the Fund in the operation of the Tribunal and could be enforced through deductions from amounts payable by the Fund to the applicant (such as salary or separation payments) or by other means if no setoff is possible. ### Revision and correction of judgments (Articles XVI–XVII) - Article XVI (revision for newly discovered facts): - A party may request revision of a delivered judgment within a period of six months after that party acquired knowledge of a fact which by its nature might have had a decisive influence on the judgment, provided that fact was unknown both to the Tribunal and to that party at the time the judgment was delivered. - Purpose: - To prevent presentation after judgment of material facts known to a party before decision but not presented to the Tribunal. - To permit reopening if a material fact is discovered after decision so the Tribunal may revise its judgment. - Article XVII (interpretation and correction): - The Tribunal may interpret or correct any judgment whose terms appear obscure or incomplete, or which contains a typographical or arithmetical error. - The Tribunal may act on its own initiative or upon application by a party. - This authority helps ensure judgments are given effect in accordance with the Tribunal's findings and conclusions. ### Publication, confidentiality, and archiving (Article XVIII) - Filing and delivery: - The original of each judgment shall be filed in the archives of the Fund. - A copy of the judgment, attested by the President, shall be delivered to each of the parties concerned. - Availability and deletion of identities: - A copy shall be made available by the Secretariat on request to any interested person. - The President may decide that the identities or any other means of identification of the applicant or other persons mentioned in the judgment shall be deleted from such copies. - Purpose: - Judgments are to be available to interested persons and are in the public domain; publication is permitted. - Deletion authority is guided by concerns for protecting privacy or confidentiality (for example, in sexual harassment matters). ### Temporal jurisdiction, transitional provisions, and affiliate extension (Articles XX–XXI) - Article XX (temporal limits and transition): - The Tribunal shall not be competent to pass judgment upon any application challenging the legality or asserting the illegality of an administrative act taken before October 15, 1992, even if administrative review channels concerning that act were exhausted only after that date. - For decisions taken between October 15, 1992 and the establishment of the Tribunal, an application shall be admissible only if filed within three months after the establishment of the Tribunal. - For purposes of this provision, the Tribunal shall be deemed to be established when the staff has been notified by the Managing Director that all the members of the Tribunal have been appointed. - Consequence: - Administrative acts taken on or after October 15, 1992 are reviewable by the Tribunal; acts taken before that date are not reviewable. - Article XXI (extension to other international organizations): - The competence of the Tribunal may be extended to any international organization upon terms established by a special agreement with the Fund. - Each special agreement shall provide that the organization: - shall be bound by the judgments of the Tribunal; - shall be responsible for payment of any compensation awarded by the Tribunal in respect of a staff member of that organization; - shall include provisions concerning the organization's participation in administrative arrangements for the functioning of the Tribunal and sharing of the Tribunal's expenses. - The affiliating organization would not have authority with respect to appointment of the Tribunal's members or amendment of the governing statute. ### Resolutions of the Board of Governors (selected) - Resolution No. 48-1: Establishment of the Administrative Tribunal of the International Monetary Fund. - The Board of Governors RESOLVES that the proposed Statute of the Administrative Tribunal of the International Monetary Fund is adopted. - (Effective December 21, 1992.) - Resolution No. 64-1: Amendments to Articles VII and VIII of the Statute of the Administrative Tribunal of the International Monetary Fund. - The Board of Governors RESOLVES that the proposed amendments to Articles VII and VIII are approved. - (Effective April 6, 2009.) - Resolution No. 75-2: Amendment to Article XI to provide flexibility for the Tribunal to convene sessions away from the Fund's headquarters or by electronic means. - The Board of Governors RESOLVES that the proposed amendment to Article XI is approved with immediate effect and shall be applicable to all current and future Applications before the Tribunal. - (Effective July 14, 2020.) --- _Source: https://www.imf.org/-/media/files/imfat/2020-amended-statute.pdf_