Administrative Tribunal Frequently Asked Questions

The Administrative Tribunal (“the Tribunal”) of the IDB Group, hears Complaints by which staff members, consultants and retirees allege non-observance of his/her contract of employment or terms and conditions of appointment; it also hears any person who is entitled to present a claim upon a right of a current, former, or retired staff member or consultant. The Complainant needs to have exhausted all other remedies required within the formal system for the resolution of grievances of the Inter-American Development Bank (the “IDB”) or IDB Invest, as applicable, within the appropriate time periods (Article II(1) of the Statute of the Administrative Tribunal).

As of November 2017, IDB Invest is the commercial name of the Inter-American Investment Corporation (“IIC”).

The IDB and IDB Invest, like many international organizations, enjoy immunity from jurisdiction of the courts of their member countries. For this reason, the Administrative Tribunal was established to adjudicate disputes which arise out of the employment relationship of the IDB Group with its employees. 

The Administrative Tribunal was established by the Board of Executive Directors of the IDB on April 29, 1981. The IIC became subject to the Administrative Tribunal’s jurisdiction on November 19, 1991 by resolution of its Board of Executive Directors. As of November 2017, IDB Invest is the commercial name of the IIC. 

The Tribunal has issued 127 Decisions since its creation through December 2024.

The Tribunal is composed of seven judges, who are independent from the IDB Group; they are appointed by the Board of Directors. The judges must be nationals of member countries. No two of them can be nationals of the same country. The judges are appointed for one non-renewable term of six years. In addition, an Executive Secretary to the Tribunal is appointed by the Board of Executive Directors and is responsible for assisting the Tribunal in discharging its functions (Article V(1) of the Statute of the Administrative Tribunal). 

Judges are appointed by the Board of Executive Directors of the IDB from a list of candidates presented to it by a Nominating Committee for the Administrative Tribunal, and they are appointed for one non-renewable term of six years (Article III of the Statute of the Administrative Tribunal). 

In the first semester of each calendar year, the Tribunal shall elect a President and a Vice President, who will respectively hold office from July 1 of that year until June 30 of the following year, unless in the meantime either should cease to be a Member of the Tribunal. The President and the Vice President may be re-elected (Article 2(1) of the Rules of Procedure of the Administrative Tribunal adopted on May 1, 2024).

The President represents the Administrative Tribunal in all institutional matters and presides over its meetings. When the Administrative Tribunal is not in session, the President of the Tribunal or the Presiding Member of a Panel will decide all issues that may arise in processing a case (Article 2(2) of the Rules of Procedure of the Administrative Tribunal adopted on May 1, 2024).

The President of the Administrative Tribunal may appoint a Panel of three members to hear and decide a case. At the same time, the President of the Administrative Tribunal will designate the member who will preside over the Panel (Article 11 of the Rules of Procedure of the Administrative Tribunal adopted on May 1, 2024).

An Executive Secretary to the Administrative Tribunal is appointed by the Board of Executive Directors from a list of candidates presented to it by a Nominating Committee. The Executive Secretary may not be selected from current or former employees of the IDB Group  (Article V of the Statute of the Administrative Tribunal). 

The Executive Secretary of the Administrative Tribunal is responsible for assisting the Administrative Tribunal in discharging its functions. 
 

The Tribunal adopted new Rules of Procedure on May 1, 2024 to streamline operations and improve clarity and efficiency of its proceedings. This revision, driven by the Tribunal’s jurisdiction over its procedural rules, while the Statute remains the prerogative of the Board, introduces several significant changes. These include structural adjustments like a reduced number of Articles from 42 to 25 with titles for easier navigation and the elimination of redundant content. A notable revision is found in Article 14 concerning Closing Arguments it introduces flexible delivery options for Closing Arguments, allowing them to be either oral or written, depending on the specifics of the case and at the discretion of the Tribunal. This flexibility is designed to streamline the hearing process by potentially combining the hearing of witness testimony with the Closing Arguments, thus saving time, and reducing the need for additional pleadings. This update reflects the aim of the Tribunal’s commitment to maintaining a robust and responsive legal framework. 

A Complaint can be filed by any IDB Group employee, including consultants and retirees, and also by any person who is entitled to present a claim upon a right of a current, former, or retired staff member or consultant (Article II(1) of the Statute of the Administrative Tribunal). 
 

Yes. An employee can file an application with the Administrative Tribunal alleging breach of his or her contract of employment or terms of appointment, regardless the length of his or her contract. 
 

No. Complainants may be represented by an attorney, but it is not required.  

In accordance with Article II of the Statute of the Administrative Tribunal, prior to submitting a Complaint to the Administrative Tribunal, the Complainant must first exhaust all available internal remedies in a timely manner. This means that a Certificate of Conclusion of the Mediation, a Final Decision of the Vice President for Finance and Administration (following an investigation by the Office of Ethics) or a Final Decision of the Administration Subcommittee (Pension), as applicable, must be attached to the submitted Complaint. 
 

Complaints are deemed admissible to be heard only in the following cases (Article II(2) of the Statute of the Administrative Tribunal):

1. When the application is filed with the Tribunal within 120 calendar days of the date of exhaustion of all other remedies required within the formal system for the resolution of employee grievances, as provided by the policies of the IDB or IDB Invest (as applicable), including that such remedies must be exercised within their respective time periods.
2. When the application concerns policies interpreted by the Administration Subcommittee (Pension), the application is admissible only if it is filed with the Tribunal within 120 calendar days following the date on which the notice of a Final Decision of the Administration Subcommittee was provided to the Complainant.
3. When the application contests a Decision of the Administration of the IDB or IDB Invest imposing a disciplinary sanction as contemplated in the Code of Ethics and Professional Conduct of the IDB and in its Procedures, or in the relevant ethics and disciplinary codes or policies of IDB Invest, and the application is presented to the Tribunal within 120 calendar days from notice of such Decision to the Complainant. 

The Complaint with its annexes shall be filed electronically, including by e-mail, with the office of the Tribunal's Executive Secretariat (tribunal@iadb.org) or, if this is not practicable, by mail to the office located at the Bank's headquarters. If the Complainant lives in a place other than Washington, D.C., the Complaint may be filed, with its annexes, at the nearest Bank office, by registered mail or by courier. In these cases, the date shown on the note acknowledging receipt by the Bank's office, the postmark date or the receipt date of the courier shall be the date of filing.   

The working languages of the Administrative Tribunal are Spanish and English. However, a Complainant can request that the proceedings be conducted in one of the other official languages (French or Portuguese) of the IDB Group (Article VI of the Statute of the Administrative Tribunal and Article 22 of the Rules of Procedure of the Administrative Tribunal adopted on May 1, 2024).

Yes. Article II of the Statute of the Administrative Tribunal requires Complaints to be filed within 120 days after the following:

• The employee receives a Certificate of Conclusion of the Mediation.
• The employee receives the Final Decision of the Administration Subcommittee (Pension).
• The employee receives the Final Decision of the Vice President for Finance and Administration (VPF). 

The Administrative Tribunal meets as often as necessary based on the number of applications before it. The Tribunal must hold a minimum of one session per year. 

An intervener refers to a person whose rights might be affected by the Judgment and decides to intervene in the process. An intervener is a Party that seeks to intervene in a legal case because of having a direct interest in the outcome. Interveners are granted permission to participate in a legal proceeding, allowing them access to case documents, participation in hearings, and the ability to present evidence, ensuring their interest are considered in the final decision. As an intervener you can submit a request that meets the procedural requirements outlined in Article 6. Upon review, if approved by the Presiding Member, you will be granted access to relevant case documents, notified of ongoing proceedings, allowed to present evidence, and participate in hearing of arguments. This process ensures your interests are considered in the Tribunal’s final Decision (Articles 6, 17 and 25 of the Rules of Procedure adopted on May 1, 2024).

Remedies may include annulment of management decisions, compensation, restoration of salary, benefits and other entitlements, as applicable (Article IX of the Statute). 

Only the sessions to hear oral arguments are public (Article IV of the Statute and Article 14 of the Rules of Procedure adopted on May 1, 2024). 

Hearing dates are determined by the Presiding Member of the Tribunal, who sets them according to the timeline established during the case management process. Typically, a hearing date is scheduled no later than 120 days after the issuance of Pre-trial Orders. The Presiding Member establishes the hearing dates, adjustments can be requested by Parties if they present compelling reasons for rescheduling. Any changes must be approved by the Presiding Member, who will consider the specifics of the case and the needs of all Parties involved (Article 12 of the Rules of Procedure adopted on May 1, 2024).

The Tribunal, as well as its Panels, holds sessions at the headquarters of the IDB Group, unless the Presiding judge considers that the efficient conduct of the proceedings warrants holding sessions elsewhere (Article IV of the Statute and Article 4(2) of the Rules of Procedure of the Administrative Tribunal adopted on May 1, 2024).

The Administrative Tribunal takes decisions by majority vote of the Panel or the Tribunal as constituted for any session. In the event of a tie vote, the President of the Tribunal or the Presiding member has the decisive vote (Articles 1 and 15 of the Rules of Procedure adopted on May 1, 2024).

Yes. Decisions are public in accordance with the provisions of the IDB Group’s Access to Information Policy and are published on the Administrative Tribunal’s website: www.iadb.org/tribunal in both English and Spanish. Additionally, a summary of each decision is also provided on the website to offer a concise overview of the case and its outcome.  

Yes. A Complainant who wishes that his or her name not appear in the documents that the Administrative Tribunal publishes may request anonymity at the time when the Complaint is filed with the Administrative Tribunal or at any time before the case is listed for decision by the Administrative Tribunal (Article 19(1) of the Rules of Procedure of the Administrative Tribunal).

Yes. The Administrative Tribunal may award costs, including attorney’s fees, in upheld decision. The award of costs is discretionary and depends on the individual facts of the case. An application for costs must be made to the Administrative Tribunal no later than seven days after the case is listed for decision (Article IX(6) of the Statute). 

Please contact the Staff Association for additional information on financial support. Note that any Financial Assistance the Staff Association might provide requires its prior review of the case and approval of financial assistance before submission to the Administrative Tribunal.

Updated November 12, 2024