IMF Administrative Tribunal: Tribunal’s Operations During Pandemic

The following adaptations have been taken to the practices of the IMF Administrative Tribunal so as to remain fully functional during the ongoing Covid-19 pandemic.  

Electronic Filing of Pleadings

In the exceptional circumstances of the pandemic, the Registrar, in consultation with the President of the Tribunal, has decided that all submissions to the Tribunal shall, until further notice, be made electronically. Read here the full DECISION and attached PROTOCOL FOR ELECTRONIC FILING OF PLEADINGS.

Amendment of Article XI of the Statute

On July 14, 2020, the IMF Board of Governors adopted Resolution No. 75-2, amending Article XI of the Tribunal’s Statute. The amendment, which applies to all current and future Applications before the Tribunal, provides the Tribunal with flexibility 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.

ARTICLE XI

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.

The accompanying Commentary on amended Article XI, as included in the Report of the Executive Board, states:

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. Accordingly, 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. This provision applies to all aspects of the Tribunal’s work during a session, including oral hearings, deliberations and decision-making. The provision also 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.

Read the full Statute, Commentary on the Statute, and Resolutions of the Board of Governors.