Settlement of disputes
Pursuant to Article 12 of the °ÄÃÅÁùºÏ²Ê¸ßÊÖ Agreement and the principle of immunity of jurisdiction, the °ÄÃÅÁùºÏ²Ê¸ßÊÖ Organization is exempt from domestic judicial jurisdiction and is therefore is not subject to law suits, claims or enforcement proceedings in domestic tribunals.
°ÄÃÅÁùºÏ²Ê¸ßÊÖ Organization rules regarding the settlement of disputes depend on the Parties involved.
Disputes involving the °ÄÃÅÁùºÏ²Ê¸ßÊÖ Members
The °ÄÃÅÁùºÏ²Ê¸ßÊÖ Agreement requires that disputes among the °ÄÃÅÁùºÏ²Ê¸ßÊÖ Members, or between the °ÄÃÅÁùºÏ²Ê¸ßÊÖ Members and the °ÄÃÅÁùºÏ²Ê¸ßÊÖ Organization, shall be settled by peaceful means such as consultation, mediation or other procedures such as arbitration (Article 25). The °ÄÃÅÁùºÏ²Ê¸ßÊÖ Members are free to decide on the form of dispute resolution and to agree on the procedures.
Disputes involving °ÄÃÅÁùºÏ²Ê¸ßÊÖ staff members
Staff members of the °ÄÃÅÁùºÏ²Ê¸ßÊÖ Organization are international civil servants. Disputes involving °ÄÃÅÁùºÏ²Ê¸ßÊÖ Organization staff members are governed by the Administrative Tribunal of the International Labor Organization (ILOAT), whose competence was recognized by the °ÄÃÅÁùºÏ²Ê¸ßÊÖ Organization in 2009.
°ÄÃÅÁùºÏ²Ê¸ßÊÖ Organization staff members may bring their °ÄÃÅÁùºÏ²Ê¸ßÊÖ-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 °ÄÃÅÁùºÏ²Ê¸ßÊÖ Organization staff members.
Disputes involving contractors
The °ÄÃÅÁùºÏ²Ê¸ßÊÖ Agreement and its Annexes foresee that all contracts entered into by the °ÄÃÅÁùºÏ²Ê¸ßÊÖ Organization 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).