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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.
Ms Sarah Christie – Ms Christie is an attorney and practices as an arbitrator and mediator in employment law in South Africa. She is an Associate in the Institute of Development and Labour Law at the University of Cape Town. She has advised a number of public international organisations on their internal justice and dispute resolution systems and has been a judge on the Administrative Tribunal of the EBRD and the World Bank Administrative Tribunal.
Ms Giuditta Cordero-Moss, Dr. juris (Oslo), PhD (Moscow), is Director of the Department for Private Law, University of Oslo, where she is a professor of International Commercial Law, Private International Law and International Commercial Arbitration. An originally Italian lawyer, she practiced as a corporate lawyer and acts now as arbitrator in international commercial and investment disputes. In her academic work and as an arbitrator, she deals among other things with questions of labour law, including questions of applicability of rules protecting the employee. She is, among other things, the Norwegian delegate at the UNCITRAL WG II, the ILA committee on investment and the ILA Study group on soft law codification of investment law.
Mr Boris Karabelnikov, Professor of Law at the Moscow School of Social and Economic Sciences. Independent practitioner, litigation of civil, corporate and labour law cases before Russian arbitration courts and courts of common jurisdiction; advised leading Western Law firms on various matters of Russian law, including labour law disputes with highly ranked officials of banks and collective bargaining; was appointed as an arbitrator in over 25 arbitration cases in Russia, England and Sweden; appeared as expert witness before courts of Bermuda, England, Sweden, USA and various arbitral tribunals. He authored the first ever Russian language commentary to the 1958 New York Convention, On Recognition and Enforcement of Foreign Arbitral Awards, and textbook for law students on international commercial arbitration.
Mr Jan Paulsson – a Swedish national, Mr Paulsson is the Head of the Public International Law and International Arbitration groups at Freshfields Bruckhaus Deringer. He is also an eminent specialist in international commercial law, international arbitration and international administrative law and has advised governments around the world on issues of international law. In addition to serving as President of the EBRD Administrative Tribunal, Mr Paulsson formerly served as President of the World Bank Administrative Tribunal and as President of the London Court of International Arbitration. He is currently a Vice President of the ICC International Court of Arbitration. Mr Paulsson speaks fluent Swedish, English, French and Spanish.
Mr Stanisław Sołtysiński, has practiced arbitration serving as an arbitrator in more than 90 arbitration cases administered by the Warsaw Court of Arbitration, Vienna International Arbitration Court, ICC and London International Court of Arbitration. Professor S. Sołtysiński has recently served as a panel member in the first case decided by the EBRD Administrative Tribunal. He is a member of Poland’s Codification Commission and of UNIDROIT Governing Council. He was teaching at Polish universities and as visiting Professor, inter alia, at Pennsylvania University Law School, College of Europe (Brugge) and Goethe University (Frankfurt am Main). He authored 15 books and more than 300 papers in Polish, English, German, French and Korean. He has experience in the field of labour law and related areas including publications and legal advice regarding labour law, management contracts and non-competition agreements, including contracts with executives and top personnel of financial institutions.
Below are some decisions of the EBRD Administrative Tribunal. Please note that decisions prior to 2007 were adopted under the previous Grievance and Appeals Procedures:
Appellants v. EBRD, EBRD 2014/AT/01 (170KB - PDF)
Appellants v. EBRD, EBRD 2013/AT/02 (31KB - PDF)
Appellants v. EBRD, EBRD 2013/AT/01 (295KB - PDF)
Appellant v. EBRD, EBRDAT 2011/AT/01 (374KB - PDF)
Appellant v. EBRD, EBRDAT 2006/AT/04 (liability) (255KB - PDF)
Appellant v. EBRD, EBRDAT 2006/AT/04 (remedy) (247KB - PDF)
Appellant v. EBRD, EBRDAT 2006/AT/04 (costs) (103KB - PDF)
W. et al v. EBRD, EBRDAT 2004/AT/03 (jurisdiction) (93KB - PDF)
C v. EBRD, EBRDAT 2003-01 (jurisdiction) (104KB - PDF)
C v. EBRD, EBRDAT 2003-01 (merits) (184KB - PDF)
Last updated 21 November 2014