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:
Mr Chris De Cooker (Dutch)
Prof. Spyridon Flogaitis – President of the Administrative Tribunal (Greek)
Mr Thomas Laker (German)
Ms Maria Vicien-Milburn (Spanish and Argentinian)
Mr Michael Wolf (American)
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.
Mr Chris De Cooker (Dutch) has more than forty years of direct experience in international administrative law. He was an academic for nine years at the University of Leiden, where he developed a special course on international administration. Between 1984 and 2011 (when he retired), Mr. de Cooker worked at the European Space Agency in a number of posts, including Head of Staff Regulations and Central Support Division and Head of International Relations Department. Since 2010, he has been a judge at a number of international arbitration and administrative tribunals. He is President of the NATO Administrative Tribunal and a judge at the Asian Development Bank Administrative Tribunal, the GAVI Appeals Tribunal and the OECD Administrative Tribunal. He was Chair of the Appeal Board of the Global Fund from 2016-2020 and is at present Chair of the BIPM Appeals Committee and Mediator in ITER. He has been advising many international organisations, in particular on their respective internal justice systems.
Prof Spyridon Flogaitis (Greek) is Professor of Administrative Law at the Faculty of Law, University of Athens, Director of the European Public Law Organization, Athens, Greece and Honorary Fellow at Wolfson College, University of Cambridge. He currently is Vice-President of the European Space Agency’s Appeals Board, a member of the European Organisation for the Exploitation of Meteorological Satellites’ Appeals Board as well as a member of the European Centre for Medium-Range Weather Forecasts’ Appeals Board. He is a former President of the United Nations Administrative Tribunal. Also, Prof. Flogaitis is Attorney at Law at the High Court and the Council of State, Greece and Academic Bencher of the Inner Temple, London. He has served three times as Minister of Interior or Alternate Minister of Foreign Affairs in electoral periods in his country.
Thomas Laker (German) has over 30 years of experience as a Judge of administrative law courts. For the past 11 years, Mr Laker has served as a Judge on various international administrative tribunals for several different international organisations, among them, the United Nations, the UN Relief and Works Agency for Palestine Refugees, the Organisation for Security and Co-operation in Europe, the Technical Centre for Agricultural and Rural Cooperation, the International Tribunal of the Law of the Sea and the Kosovo Specialist Chambers. Mr Laker was among the first generation of judges to have established the new system of administration of justice at the United Nations and served as the President of the UN Dispute Tribunal twice, from 2010-2011 and from 2013-2014.
Ms Maria Vicien-Milburn (Spanish and Argentinian) is an independent international arbitrator, specialist in public international law with extensive dispute resolution experience in arbitration, conciliation and negotiation. She is a member of the World Bank Sanctions Board and serves on the Independent Advisory Oversight Committee (IAOC) of the World Intellectual Property Organisation (WIPO). She has over 30 years' experience as a senior international civil servant at the United Nations. She was General Counsel of the United Nations Economic, Social and Cultural Organisation (UNESCO) between 2009 and 2014, and prior thereto Director of the General Legal Division, Office of the Legal Advisor of the United Nations. She served for 14 years as the Registrar of the United Nations Administrative Tribunal. She has also been engaged by the International Criminal Court on a short term assignment as a dispute resolution expert.
Mr Michael Wolf (American) has been an arbitrator and mediator since 1995, specializing in labour, employment and pension benefit disputes. He currently serves as the Chair of the International Monetary Fund Grievance Committee and as Chair of the Board of Appeal for the Pan American Health Organization. He is also a member of the Administrative Tribunal for GAVI (formerly the Global Alliance for Vaccines and Immunization). He was previously Chair of the US Government Accountability Office Personnel Appeals Board and a member of the District of Columbia Employee Appeals Board. Prior to his service as an arbitrator, Mr. Wolf was in the private practice of law, specializing in labour, employment and securities litigation; he also served six years with the US Department of Justice supervising the prosecution of Nazi war criminals. He is the co-author of the book Religion in the Workplace: A Comprehensive Guide to Legal Rights and Responsibilities.
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:
Appellant v. EBRD, EBRDAT 2020/AT/01
Appellant v. EBRD, EBRDAT 2020/AT/02
Appellant v. EBRD, EBRDAT 2020/AT/03
Appellant v. EBRD, EBRDAT 2020/AT/04
Appellants v. EBRD, EBRDAT 2020/AT/06
Appellant v. EBRD, EBRDAT 2019/AT/01
Appellant v. EBRD, EBRDAT 2019/AT/02
Appellant v. EBRD, EBRDAT 2019/AT/03
Appellant v. EBRD, EBRDAT 2019/AT/04
Appellant v. EBRD, EBRDAT 2019/AT/05
Appellant v. EBRD, EBRDAT 2019/AT/06
Appellant v. EBRD, EBRDAT 2019/AT/07 2020/AT/05 (Preliminary Decision)
Appellant v. EBRD, EBRDAT 2019/AT/08
Appellant v. EBRD, EBRDAT 2019/AT/08 (Compensation)
Appellant v. EBRD, EBRDAT 2019/AT/09
Appellant v. EBRD, EBRDAT 2018/AT/06
Appellant v. EBRD, EBRDAT 2018/AT/05
Appellant v. EBRD, EBRDAT 2018/AT/01+04 (Joinder)
Appellant v. EBRD, EBRDAT 2018/AT/01+04 (Decision)
Appellant v. EBRD, EBRDAT 2018/AT/02
Appellant v. EBRD, EBRDAT 2017/AT/07
Appellant v. EBRD, EBRDAT 2017/AT/06
Appellant v. EBRD, EBRDAT 2017/AT/05 (2) (Erratum)
Appellant v. EBRD, EBRDAT 2017/AT/05 (2)
Appellant v. EBRD, EBRDAT 2017/AT/05 (1)
Appellant v. EBRD, EBRDAT 2017/AT/03
Appellant v. EBRD, EBRDAT 2017/AT/02
Appellant v. EBRD, EBRDAT 2017/AT/01
Appellant v. EBRD, EBRDAT 2016/AT/02
Appellant v. EBRD, EBRDAT 2016/AT/01 (2) (costs)
Appellant v. EBRD, EBRDAT 2016/AT/01
Appellants v. EBRD, EBRDAT 2014/AT/01
Appellants v. EBRD, EBRDAT 2013/AT/02
Appellants v. EBRD, EBRDAT 2013/AT/01
Appellant v. EBRD, EBRDAT 2011/AT/01
Appellant v. EBRD, EBRDAT 2006/AT/04 (liability)
Appellant v. EBRD, EBRDAT 2006/AT/04 (remedy)
Appellant v. EBRD, EBRDAT 2006/AT/04 (costs)
W. et al v. EBRD, EBRDAT 2004/AT/03 (jurisdiction)
C v. EBRD, EBRDAT 2003-01 (jurisdiction)
C v. EBRD, EBRDAT 2003-01 (merits)
Reports of the President of the EBRD Administrative Tribunal