Administrative tribunal

As an international organisation, the EBRD enjoys a number of privileges and immunities. A number of privileges, immunities and exemptions have been granted to the Bank under Chapter VIII of the Agreement Establishing the Bank in order to enable it to fulfill its functions. Furthermore, Article 4 of the Headquarters Agreement signed with the UK government states that “within the scope of its official activities the Bank shall enjoy immunity from jurisdiction”, save where the Bank has waived such immunity and save for a number of exceptions listed therein. Like other international organisations, the Bank has therefore developed the grievance system, an internal legal system aimed at resolving disputes of an employment or administrative nature.

EBRD Administrative Tribunal (the “EBRDAT”)

The EBRDAT forms part of the grievance system, which has been implemented to resolve employment issues and disputes. It comprises a panel of five judges, highly experienced lawyers from outside the EBRD. The President of the EBRDAT is appointed by and from among the panel. For each appeal, the President of the EBRDAT selects three members from the panel to serve for that appeal.

The current composition of the EBRDAT is as follows:

• Ms Giuditta Cordero Moss (Italian)
• Mr Boris Karabelnikov (Russian)
• Mr Jan Paulsson (Swedish) – President of the Tribunal
• Ms Sarah Christie (British)
• Mr Stanislaw Soltysinski (Polish)

The role of the EBRDAT is to hear appeals against Administrative Decision once an employee has exhausted all appropriate channels for review under the Grievance Procedures. If the Tribunal considers that an appeal is well founded it may grant appropriate remedies to the appellant, including compensatory remedies and rectify the Administrative Decision which is the subject of the appeal.

Pursuant to Article 2.05 of the Appeals Procedures, the Administrative Tribunal adopted and issued on 29 December 2008 the Rules of Procedure  (0.1Mb) to be followed in the conduct of an Appeal, effective 1 January 2009.

Relative to the previous Grievance and Appeal Procedures (GAP), below are some decisions of the EBRD Administrative Tribunal:

• Appellant v. EBRD, EBRDAT 2006/AT/04 (liability)  (0.3Mb)
• Appellant v. EBRD, EBRDAT 2006/AT/04 (remedy)  (0.2Mb)
• Appellant v. EBRD, EBRDAT 2006/AT/04 (costs)  (0.1Mb)
• W. et al v. EBRD, EBRDAT 2004/AT/03 (jurisdiction)  (0.1Mb)
• C v. EBRD, EBRDAT 2003-01 (jurisdiction)  (0.1Mb)
• C v. EBRD, EBRDAT 2003-01 (merits)  (0.2Mb)