UNDT/2017/063 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2017/063, Nchimbi

UNAT Held or UNDT Pronouncements

Granting an application for revision: As consistently held by the Appeals Tribunal, “the review procedure [of revision] is of a corrective nature and thus is not an opportunity for a party to reargue his or her case” (see Sanwidi 2013-UNAT-321, para. 8. Moreover, an application for revision of a judgment is only receivable if it fulfills the strict and exceptional criteria established under art. 12.1 of the Dispute Tribunal’s Statute and art. 29 of its Rules of Procedure, namely (see James 2016-UNAT-680, para. 13): “… Accordingly, an application for revision of judgment is only receivable if it fulfils the strict and exceptional criteria established under Article 11 of the Statute (discovery of a decisive fact previously unknown not due to negligence, clerical or arithmetical mistakes, and interpretation of the meaning and scope of the judgment)”.

Decision Contested or Judgment Appealed

The Applicant filed an application for revision under art. 12.1 of the Dispute Tribunal’s Statute of Judgment No. UNDT/2017/042, which this Tribunal rendered on 16 June 2017 in Case No. UNDT/NY/2016/043. The Tribunal rejected the application.

Legal Principle(s)

N/A

Outcome

Revision, correction, interpretation or execution

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Nchimbi

Entity

ICTR

Case Number(s)

UNDT/NY/2017/79

Tribunal

UNDT

Registry Location :

New York