Rules of Procedure of the Administrative Tribunal of the International Monetary Fund
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General scope and legal basis
- Rules apply to the Administrative Tribunal of the International Monetary Fund ("Tribunal").
- These Rules are subject to:
- the Fund's Articles of Agreement;
- the Statute of the Tribunal.
- Masculine pronoun includes the feminine pronoun.
Official language
- The working language of the Tribunal shall be English.
President: functions and reporting
- The President shall:
- preside over the consideration of cases by the Tribunal;
- direct the Registry of the Tribunal in the performance of its functions;
- prepare an annual report on the activities of the Tribunal;
- perform the functions entrusted to the President by these Rules of Procedure.
Registry: responsibilities
- Under the authority of the President, the Registrar shall:
- receive applications instituting proceedings and related documentation;
- transmit all documents and make all notifications required in connection with cases before the Tribunal;
- make for each case a dossier recording all actions taken, the dates thereof, and dates of receipt/dispatch of documents or notifications;
- attend hearings, meetings, and deliberations of the Tribunal;
- keep minutes of hearings and meetings as instructed by the President;
- upon transmittal of an application to the Fund, unless the President decides otherwise, circulate within the Fund a notice summarizing the issues raised in the application, without disclosing the name of the Applicant;
- expeditiously perform functions entrusted by the Rules and carry out tasks assigned by the President.
Recusal and conflict of interest (Rule V)
- Mandatory recusal circumstances:
- personal, familial or professional relationship with persons involved (including counsel or representative);
- prior involvement in the matter in another capacity (advisor, representative, expert, witness);
- other circumstances making participation seem inappropriate to the President or, for the President, to the two longest-serving members, or to a reasonable observer.
- Notification and replacement:
- A recusing member shall immediately inform the President.
- When the President recuses, the most senior member shall act as President for that case.
- Buffer period after termination of a professional relationship:
- A buffer period applies following termination of a past professional relationship; "Three years is considered the benchmark" for such a buffer period.
- The President (or the two longest-serving members where the President is involved) will determine the buffer duration in consultation with the affected member, taking into account factors such as nature, scope and duration of the past professional relationship.
- Former members:
- A former member shall not appear as representative or counsel before the Tribunal for a period of three years from expiry of his or her term of service.
- Panel designation and conflict avoidance:
- The President may consider circumstances that raise actual, potential or perceived conflicts when designating panels.
- The Registrar shall apprise the President and members of persons involved (including parties’ counsel) before panel designation is finalized.
- Each member must self-assess and bring potential conflicts to the President’s attention.
- If the President may be conflicted, the President shall bring the concern to the two longest-serving members.
- Fair process where conflict is disputed:
- Upon receipt of information raising a substantial question and when the member disputes the conflict, the President may appoint a panel consisting of the President and the two longest-serving unaffected members (or the three longest-serving members if the President is affected).
- The panel shall hear the affected member, conduct fact-finding, and if it concludes a reasonable observer would perceive a conflict, the member shall recuse.
Representation (Rule VI)
- Each party may at any time choose to be assisted by counsel or other representative; designation must be notified to the Registrar.
- Forms:
- Annex A: Form of Application.
- Annex B: Form of Appointment of Representative (and Counsel).
Application requirements (Rule VII)
- Filing:
- An application shall be filed by the Applicant or duly authorized counsel/representative using Annex A; if represented, Annex B must also be completed.
- Each application shall contain:
- the name and official status of the Applicant;
- the name of Applicant's counsel or representative, if any;
- the decision being challenged and the authority responsible;
- channels of administrative review pursued and results;
- reasons why the decision is illegal;
- a statement of supporting facts;
- the relief or remedy sought pursuant to Article XIV of the Statute, including:
- (i) the amount of compensation, if any, or specific performance requested, or both;
- (ii) where measures other than payment of money are sought, any exceptional circumstances warranting an amount greater than three hundred percent (300%) of salary in accordance with Article XIV, Section 2;
- (iii) costs as the Tribunal may award pursuant to Article XIV, Section 4;
- any request for production of documents (Article X and Rule XVII);
- any request for oral proceedings (Article XII and Rule XIII);
- any request for anonymity (Rule XXII).
- Attachments and translations:
- Applicant shall include as attachments all documents cited in original or unaltered copy and complete text unless part is obviously irrelevant.
- If a document is not in English, attach a certified English translation.
- Attach a copy of any report and recommendation of the Grievance Committee.
- Signatures and copies:
- Application shall be signed on the last page by the Applicant or designated counsel/representative; if Applicant incapacitated, signature by legal representative.
- Four additional copies of the application and attachments shall be submitted to the Registrar.
- Time and procedural compliance:
- Application must include evidence that Applicant satisfied Article V requirements and that submission is within time limits prescribed by Article VI of the Statute.
- If formal requirements not met, Registrar shall advise deficiencies and give a reasonable period to correct; corrected submission is considered filed on original date if done within period.
- If not remedied, Registrar may extend time, make necessary corrections if defects do not affect substance, or, by order of the President, notify Applicant that submission does not constitute an application.
- Upon ascertaining formal requirements met, the Registrar shall transmit a copy of the application to the Fund.
Answer, Reply, Rejoinder: procedural time limits and formalities
- Answer (Rule VIII):
- Fund shall answer within forty-five days of receipt unless the President sets another time limit.
- Answer submitted to Tribunal and Applicant through Registrar.
- Answer must include attachments as for applications; four additional copies required.
- Registrar transmits copy of Fund's answer to Applicant after formal requirements met.
- Fund shall include views on requests for production of documents, oral proceedings, or anonymity; may include its own requests on those matters.
- Reply (Rule IX):
- Applicant may file a reply within thirty days from date reply is received, unless President sets another time limit.
- Attachments and signature/copy requirements per Rule VII apply.
- Registrar transmits copy of reply to the Fund after formal requirements met.
- If Applicant seeks costs pursuant to Article XIV, Section 4, amount and supporting documentation shall be included.
- Applicant shall include views on any Fund requests regarding oral proceedings, anonymity, or other matters.
- Rejoinder (Rule X):
- Fund may file a rejoinder within thirty days from receipt of reply, unless President sets another time limit.
- Attachments and signature/copy requirements per Rule VIII apply; four additional copies required.
- Registrar transmits copy of rejoinder to Applicant after formal requirements met.
- After the rejoinder has been filed, no further pleadings shall be received, without prejudice to Rule XI.
- Fund shall include response to any requests for costs or other matters included in the reply.
Additional pleadings and modifications (Rule XI)
- In exceptional cases, President may request additional written statements or documents from parties within a fixed period.
- Additional documents must be original or unaltered copy with necessary certified translations.
- Formal requirements of Rules VII/VIII apply; Registrar shall transmit received materials to other parties.
Summary dismissal (Rule XII)
- Pursuant to Article X, Section 2(d) of the Statute, Tribunal may summarily dismiss application if clearly inadmissible, on its own initiative or upon motion by the Fund.
- Fund may file such motion within thirty days of receipt of the application; filing suspends the period for answering until motion is acted on.
- Filing must comply with Rule VIII formalities; Registrar transmits copy to Applicant once formal requirements met.
- Applicant may file an objection within thirty days of receipt of the motion; formal requirements for objections follow Rule IX.
- No further pleadings on a motion for summary dismissal unless President requests.
Oral proceedings (Rule XIII)
- Oral proceedings held if Tribunal deems useful, on its own initiative or at request of a party, after opportunity for opposing party to present views pursuant to Rules VII–X.
- Oral proceedings shall be open to all interested persons unless Tribunal decides exceptional circumstances require privacy (Article XII).
- Pre-hearing disclosures:
- At time specified by President, each party shall inform the Registrar and other parties of names and description of witnesses and experts to be heard and the points of evidence; Tribunal may also call witnesses/experts.
- Tribunal decides on hearing witnesses/experts and sequence of oral proceedings; may accept written replies from witnesses unable to appear.
- Examination:
- Parties or counsel, under President's direction, may put questions to witnesses/experts; Tribunal may also examine them.
- Witness declaration: "I solemnly declare upon my honor and conscience that my testimony shall be the truth, the whole truth and nothing but the truth."
- Expert declaration: "I solemnly declare upon my honor and conscience that my testimony will be in accordance with my sincere belief."
- President empowered to issue orders necessary for orderly disposition of cases and to rule on objections concerning witness examination or documentary evidence.
- Tribunal may limit oral proceedings to oral arguments where written record is adequate.
Intervention and amicus curiae (Rules XIV–XV)
- Intervention (Rule XIV):
- Any person to whom the Tribunal is open under Article II, Section 1 of the Statute may apply to intervene within thirty days of issuance of the notice prescribed by Rule IV paragraph (f), and in exceptional circumstances thereafter up until closure of written pleadings on petition to the President.
- Rule VII applies mutatis mutandis to applications for intervention.
- Registrar transmits application for intervention to Applicant and Fund; each may present views on admissibility within thirty days.
- President may suspend exchange of pleadings until admissibility decided.
- If admitted, the intervenor participates as a party and the schedule of pleadings is modified to accommodate participation.
- Tribunal may invite participation of an intervenor where appropriate.
- Amicus curiae (Rule XV):
- Tribunal may, at its discretion, permit any person, including duly authorized representatives of the Staff Association, to communicate views as amici curiae.
- Tribunal may permit an amicus curiae access to party pleadings and shall enable parties to submit timely observations on an amicus brief.
Time limits computation (Rule XVI)
- Time limits refer to calendar days; computation excludes day of the event from which period runs and includes next working day of the Fund when last day is not a working day.
- Date of dispatch (postal or courier), when accompanied by proof, shall be accepted as date of filing as if filed by hand delivery.
- In exceptional circumstances, filing by means other than postal service, courier or hand may be permitted by the Registrar in consultation with the President.
Production of documents (Rule XVII)
- Applicant may request Tribunal to order production of documents or other evidence to which Applicant has been denied access by the Fund; request must state reasons and include documentation bearing upon it.
- Fund shall be given opportunity to present views.
- Tribunal may reject request if documents are irrelevant, compliance would be unduly burdensome, or would infringe privacy; Tribunal may examine documents in camera.
- Tribunal may, subject to Article X, Section 1 of the Statute, order production of documents in Fund’s possession and may request information useful to its judgment, within a time provided in the order.
- President may suspend or extend time limits for pleadings to account for such an order.
Judgments, confidentiality, and publication (Rule XVIII)
- All deliberations of the Tribunal shall be confidential (Article XIII).
- Judgment shall be adopted by majority vote.
- After final text approved, judgment shall be signed by the President and the Registrar and shall contain the names of members who took part in the decision.
- Any member differing as to grounds or conclusions may append a separate or dissenting opinion.
- Judgment and any appended opinions shall be transmitted to the parties and to amici curiae.
- Registrar shall notify the Fund community of the judgment and any appended opinions and arrange for their expeditious publication.
- Clerical and arithmetical errors in the judgment may be corrected by the Tribunal (Article XVII).
Revision and interpretation of judgments (Rules XIX–XX)
- Revision (Rule XIX):
- A party may request revision only if a fact or document is discovered which might have had a decisive influence on the judgment and was unknown to the Tribunal and the requesting party at the time of judgment, and such ignorance was not the responsibility of that party.
- Revision must be requested within six months from discovery of the fact or document and, in any event, within one year from notification of the judgment unless the President sets another time limit.
- Procedures of Rules VII–XI apply mutatis mutandis to revision requests.
- Interpretation (Rule XX):
- After a judgment, a party may apply for interpretation of the operative provisions.
- Application admissible only if it states with sufficient particularity in what respect provisions appear obscure or incomplete.
- Tribunal shall give other parties reasonable opportunity to present views before deciding whether to admit the interpretation application; if admitted, Tribunal issues interpretation which becomes part of original judgment.
Anonymity (Rule XXII)
- Applicant may request in application that his name not be made public.
- Fund may request in its answer that the name of any other individual not be made public; an intervenor may request anonymity in application for intervention.
- Parties shall be given opportunity to present views on requests for anonymity.
- Tribunal shall grant a request for anonymity where good cause has been shown for protecting the privacy of an individual.
Miscellaneous provisions (Rule XXI and final notes)
- President, in consultation with other members, shall fix dates of Tribunal sessions.
- Tribunal, or, when not in session, the President after consultation, may in exceptional cases modify application of Rules, including time limits.
- Tribunal or President may deal with matters not expressly provided for in the Rules.
- Entry into force and amendments:
- The Rules entered into force on February 18, 1994 and were amended on August 31, 1994.
- Further amendment on December 9, 2004, with effect for all applications filed after December 31, 2004.
- Rule V was amended in 2021 (text includes "(as amended 2021)").
Content in this bundle
- Rule V
- INTERNATIONAL MONETARY FUND ADMINISTRATIVE TRIBUNAL — Code of Judicial Conduct
- View PDF file
- conclusion sustained that factors other than discrimination affected Applicant’s career
- Revised Decision on the protection of privacy and method of publication
References