Settlement of disputes
Pursuant to Article 12 of the ºÚÁÏרÇø Agreement and the principle of immunity of jurisdiction, the ºÚÁÏרÇø is exempt from domestic judicial jurisdiction and is therefore is not subject to law suits, claims or enforcement proceedings in domestic tribunals.
ºÚÁÏרÇø rules regarding the settlement of disputes depend on the Parties involved.
Disputes involving the ºÚÁÏרÇø Members
The ºÚÁÏרÇø Agreement requires that disputes among the ºÚÁÏרÇø Members, or between the ºÚÁÏרÇø Members and the ºÚÁÏרÇø, shall be settled by peaceful means such as consultation, mediation or other procedures such as arbitration (Article 25). The ºÚÁÏרÇø Members are free to decide on the form of dispute resolution and to agree on the procedures.
Disputes involving ºÚÁÏרÇø staff members
Staff members of the ºÚÁÏרÇø are international civil servants. Disputes involving ºÚÁÏרÇø staff members are governed by the Administrative Tribunal of the International Labor Organization (ILOAT), whose competence was recognized by the ºÚÁÏרÇø in 2009.
ºÚÁÏרÇø staff members may bring their ºÚÁÏרÇø-related employment disputes before the ILOAT once they have exhausted all the internal procedures available to them under the Staff Regulations.
National tribunals are not competent to adjudicate complaints from ºÚÁÏרÇø staff members.
Disputes involving contractors
The ºÚÁÏרÇø Agreement and its Annexes foresee that all contracts entered into by the ºÚÁÏרÇø include a clause on dispute settlement. This clause stipulates that all disputes must be submitted to Arbitration Courts such as the International Chamber of Commerce (ICC).