## Order No. 1998-1, Assessment of compensable legal costs (December 18, 1998)

## Source details

**Canonical URL:** [Order No. 1998-1, Assessment of compensable legal costs (December 18, 1998)](https://www.imf.org/-/media/files/imfat/o1998-1.pdf)

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### Background
- The Administrative Tribunal of the International Monetary Fund decided in Judgment No. 1997-1 (Ms. “C.”, Applicant v. International Monetary Fund, Respondent, August 22, 1997) that:  
  “...the Applicant shall be awarded reasonable costs of her legal representation. In the circumstances, compensable costs shall be agreed between Applicant and the Fund. In the event that agreement cannot be reached, the Tribunal will assess costs having regard to the submissions of the Applicant and of the Fund.”
- The Tribunal issued Order No. 1997-1 to interpret terms of the above decision.
- The parties informed the Tribunal that they were unable to reach agreement as to the method of calculating compensable costs and the amount thereof and sought the Tribunal’s assistance.
- The Tribunal reviewed the parties’ arguments in light of Article XIV of the Tribunal Statute, Order No. 1997-1 and Explanatory Memorandum, and relevant jurisprudence.

### Relevant statutory provision cited
- Article XIV, para. 4 of the Tribunal Statute:  
  “If the Tribunal concludes that 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.”

### Tribunal findings
- The parties were unable to reach agreement as to the reasonable costs of Applicant’s legal representation awarded in Judgment No. 1997-1.
- The Tribunal would assess the costs having regard to the submissions of the Applicant and of the Fund.
- The Applicant was only partially successful: she did not prevail on her main claim but prevailed on a related claim.
- The Tribunal took into account:
  - the limited degree to which the Applicant was successful in comparison with her total claims;
  - the nature and complexity of the case;
  - the preparation of the case by her counsel;
  - the amount of counsel’s fees in relation to prevailing rates.

### Decision and quantum
- The Fund is liable to pay the reasonable costs of Applicant’s legal representation in the amount of $15,000.

### Procedural effect and formalities
- This Order shall be annexed to Judgment No. 1997-1 and, along with Order No. 1997-1, shall become part thereof.
- Signatories:
  - Stephen M. Schwebel, President
  - Nisuke Ando, Associate Judge
  - Michel Gentot, Associate Judge
  - Philine R. Lachman, Registrar
- Location and date: Washington, D.C., December 18, 1998.

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_Source: https://www.imf.org/-/media/files/imfat/o1998-1.pdf_