Abuse of process before UNDT/UNAT
Contempt
Jurisdiction / receivability (UNAT)
Appeal
Personal (ratione personae)
Subject matter (ratione materiae)
Procedure (first instance and UNAT)
Confidentiality
This case was presided by Judge Halfeld, and Judge Murphy drafted the majority opinion. The Majority (Halfeld, Murphy, Raikos and Knierim) dismissed the appeal and held that the appeal was not receivable. Without deciding on the issue whether the UNDT has an inherent right to hold a non-party in contempt, the Majority found that the appeal did not meet the requirements of the UNAT Statute. The Majority explained that it had jurisdiction ratione materiae to hear and pass judgment on an appeal pursuant to Article 2(1) of the Statute in which it is asserted that the UNDT has: (a) exceeded its...