What are the statutory timeframes for filing an application with the tribunal?
The timeframes for filing an application as set forth under Article III of the Status of the tribunal are clearly set out and cannot be extended. The application must be filed within ninety (90) days following exhaustion of the Bank’s final administrative review remedy. Non-compliance with these timeframes may constitute a justification for the inadmissibility of the application for non-conformity with the tribunal’s rules of procedure. However, under exceptional circumstances and where appropriate, the tribunal may decide to waive the prescribed timeframes and accept an application filed after the deadline.
Following exchange of submissions by the parties, the tribunal’s president may grant an extension after due request is submitted through the executive secretary. The request must state the additional time needed and provide justifications. Notwithstanding the mailing date, the request for time extension must reach the Executive Secretary before the expiry of the initial deadline.
The calculation of the time frame does not include the day of the event from which the period runs, but shall include the first working day that follows a non-working day.
What are the modalities for the submission of an application?
The application initiating the proceedings shall be submitted to the tribunal by the applicant or their legal counsel in five copies (one original and four certified copies). It is advisable that applicants use the application form on which they shall enter all required information. Applicants are expected to fill in all the spaces.
For every document submitted, the applicant or their legal counsel shall duly sign each and every page of the original. The four copies must be certified. Applicants must attach the true copies of the originals or unaltered copies of all documents mentioned in the application as an annex. All attached documents will be listed on the last page of the application form or at the end of the applicant’s reply. Each document must be mentioned on the list of annexes and numbered chronologically. Any reference to a document annexed to a submission must mention the number assigned to the document on the list of annexes. Where a submission refers to an annex already filed by each of the parties, applicants are not expected to provide copies of the document. However, the number of the annex in the document to which it is attached must be mentioned.
Does the Tribunal bear the cost of the proceedings?
Unlike the appeals committee, the tribunal does not cover the cost that the applicant may incur in engaging the services of a legal counsel, producing witnesses, photocopying, word processing, mailing, travel and accommodation, etc. The tribunal may order the reimbursement of part or all expenses, including legal fees, where the applicant wins the case. Such fees must therefore be noted and presented to the tribunal in the course of the hearing.
At what point can one hire a legal counsel? Is it compulsory to do so?
Hiring a legal counsel is not compulsory. The applicant may choose to be represented only during the hearings. Each party may, at all times, decide to obtain the assistance of a legal counsel whose designation (attached as Annex B of the Statute and Rules of Procedure) shall be submitted to the Executive Secretary. The applicant may choose to defend him/herself without any legal assistance.
Are the judgments of the Tribunal published?
Judgments rendered by the Tribunal are published on the Bank’s Intranet and on the Bank’s Internet website. Judgments may be published with or without the name of the Applicant, depending on the Applicant’s preference. Pursuant to Rule XXIV of the Rules of Procedure, at the time of filing the Application, the Applicant may indicate his/her preference on the “Authorization to Publish Judgment” form which is on the last page of the Application form.
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- 18/10/2017 - Remarks Delivered by Dr. Akinwumi Adesina, World Food Prize Laureate 2017 and President of the African Development Bank, At the Special Event on “Transforming the African Savannah Initiative”, World Food Prize, October 18, 2017, Des Moines, Iowa, USA
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Application Form (76 kB)