IMF Administrative Tribunal: Tribunal’s Operations During Pandemic

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IMF Administrative Tribunal: Tribunal’s Operations During Pandemic

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Operational adaptations implemented

• All submissions to the Tribunal shall, until further notice, be made electronically.
• The decision to require electronic submissions was taken by the Registrar in consultation with the President of the Tribunal.
• The electronic filing requirement is accompanied by a DECISION and an attached PROTOCOL FOR ELECTRONIC FILING OF PLEADINGS (referred to in the Tribunal materials).

Amendment to Tribunal statute enabling remote and hybrid sessions

• On July 14, 2020, the IMF Board of Governors adopted Resolution No. 75-2, amending Article XI of the Tribunal’s Statute.
• The amendment applies to all current and future Applications before the Tribunal.
• The amendment provides flexibility for the Tribunal to decide to hold a session not only at Fund headquarters but at another location or by electronic means, both during the pandemic period and thereafter.

Text of ARTICLE XI (as amended)

• "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 in the conduct of proceedings. The Tribunal shall fix the dates of its sessions in accordance with its Rules of Procedure."

Commentary on amended Article XI (key points)

• While in-person sessions at the Fund’s headquarters are the norm, there may be circumstances where such a session is impracticable or not suited to the case.
• The Tribunal may decide in such cases to hold a session at another location or by electronic means, having regard to efficiency, timeliness, and ensuring that both parties have the opportunity to participate in full and fair proceedings.
• The Tribunal will determine the frequency and scheduling of these sessions in accordance with its rules.
• The provision applies to all aspects of the Tribunal’s work during a session, including oral hearings, deliberations and decision-making.
• The provision enables the Tribunal to conduct hybrid sessions involving both in-person and electronic attendance.
• Depending on the nature of the work to be conducted, the Tribunal may, consistent with its Rules of Procedure, set additional rules to enable the efficient organization of hearings to be conducted by electronic means.

Content in this bundle

• Electronic Filing of Pleadings During Pandemic
  • Electronic Filing of Pleadings During Pandemic (Markdown version)
  • Electronic Filing of Pleadings During Pandemic (PDF)
• INTERNATIONAL MONETARY FUND ADMINISTRATIVE TRIBUNAL — Code of Judicial Conduct
  • INTERNATIONAL MONETARY FUND ADMINISTRATIVE TRIBUNAL — Code of Judicial Conduct (Markdown version)
  • INTERNATIONAL MONETARY FUND ADMINISTRATIVE TRIBUNAL — Code of Judicial Conduct (PDF)
• conclusion sustained that factors other than discrimination affected Applicant’s career
  • conclusion sustained that factors other than discrimination affected Applicant’s career (Markdown version)
  • conclusion sustained that factors other than discrimination affected Applicant’s career (PDF)
• Revised Decision on the protection of privacy and method of publication
  • Revised Decision on the protection of privacy and method of publication (Markdown version)
  • Revised Decision on the protection of privacy and method of publication (PDF)

References

• IMF Administrative Tribunal Home Page
• New Search Tool for Tribunal Judgments and Orders
• Composition of the Tribunal
• Statute of the Administrative Tribunal
• Commentary on the Statute
• Resolutions of the Board of Governors
• Rules of Procedure
• Pending Cases
• Judgments
• Orders
• Volumes of IMFAT Reports
• IMFAT 30th Anniversary Conference
• Reports on IMFAT 30th Anniversary Conference
• See also: IMF Staff Ethics, Financial Disclosure, and Resolution of Staff Disputes