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