Rules of Procedure of the Administrative Tribunal

Unless otherwise provided in these Rules, the Tribunal or the Panel assigned under Article 11 hereunder, shall take all decisions by a majority of its Members (“Members”). In the case of the Tribunal, a quorum of four Members of the Tribunal is required; for the Panel, all three Members are required. In the case of a tie vote of the Tribunal, the President shall have the decisive vote.

1. Election of President and Vice-President. Within the first semester of each calendar year, the Tribunal shall elect a President of the Tribunal (“the President”) and a Vice-President of the Tribunal (“the Vice-President”), who will respectively hold office from July 1st of that year until June 30th of the following year, unless in the meantime either ceases to be a Member of the Tribunal. 
2. Duties of the President. The President shall represent the Tribunal in all institutional matters and shall preside over its meetings. The President shall also supervise the work of the Executive Secretariat. When the Tribunal is not in session, questions arising over the processing of a case shall be decided by the President or, if a Panel has been appointed in accordance with Article 11, by its Presiding Member. 
3. Substitution of a Disabled or Unavailable President. If the President is unable to perform his or her duties, they shall be performed by the Vice-President. If the Vice-President is unable to serve, the duties of the President shall be performed by the longest-serving Member and, in the event of equal length of service, by the older Member.

1. Executive Secretariat. The Tribunal shall have an Executive Secretariat headed by an Executive Secretary designated under Article V(1) of the Tribunal Statute (“the Statute”). 
2. Functions of the Executive Secretary. The Executive Secretary shall be responsible for the administrative work of the Tribunal and the organization, custody and care of its documents and files. In particular, the Executive Secretary shall: 

¹ The term “Respondent” refers to either the Inter-American Development Bank or the IDB Invest, formally known as the Inter-American Investment Corporation referenced in Article I of the Statute.

1. Convening of Sessions. The President shall convene the sessions of the Tribunal, and the Presiding Member of a Panel shall convene its sessions, by giving advance notice of at least 30 days² to all those required to attend indicating the matters and subjects to be considered. 
2. Location. The Tribunal as well as its Panels shall hold their sessions at Respondent’s principal office unless the President or the Presiding Member, as the case may be, considers that the efficient conduct of the proceedings warrants holding a session elsewhere. Participation in a session may be by means of teleconference, videoconference or similar communications equipment allowing all persons participating in the meeting to hear each other at the same time and to have simultaneous interpretation, when necessary. Participation by such means shall be known as “virtual participation” and constitutes attendance for the purposes of a quorum and voting on decisions. 
3. Inability of Members to Participate. Members who are unable to participate in a session, as well as persons who can only participate virtually, shall so advise the President immediately through the Executive Secretary.

² Unless otherwise stated, all references to “days” in these Rules are calendar days as specified in Article 21(2).

1. Grounds. The following circumstances constitute disqualifications from Hearing a particular complaint: 

2. Recusal. When a Member believes there is a circumstance which prevents that Member from the taking of an unbiased and objective decision, such Member shall recuse her/himself from hearing the case and shall communicate the decision to the President. 
3. Challenges. The Parties may challenge the participation of a Member for any of the reasons stated as grounds for disqualification, as well as for any of the following: 

4. Form and content. The challenge shall be filed in writing as soon as the Party concerned becomes aware of the grounds for the challenge. The challenge shall include the relevant evidence.
5. Procedure. When the challenge has been filed, notice shall be given to the challenged Member and to the other Party, each of whom will have 15 days to file comments. Thereafter, in the event the Member declines to withdraw, he/she shall have 10 days to communicate in writing his/her reasons to the President. The President shall then issue a ruling within 10 days. If the challenge concerns the President, the matter will be decided by the Vice-President. If the challenge is upheld, the Member challenged shall be barred from hearing the case.

³ The Code of Judicial Conduct is available on the Tribunal’s website.

1. Formal Requirements of the Complaint. The Complaint shall be written with sufficient clarity so as to enable the Tribunal to ascertain what Complainant states and requests, and shall contain: 

2. Documents to be Attached. The contested decision, as well as documents cited by Complainant in support of the claims shall be attached to the Complaint as annexes, in the original or in the form of a true and full copy, unless part of the document is obviously irrelevant. Complainant shall provide an index of the annexes attached, which shall be numbered sequentially.
3. Request for Production of Documents. In the Complaint, Complainant may request the Tribunal to order the production of documents that may be possessed by Respondent, which Complainant does not have, and which Respondent has refused to produce upon Complainant’s request. Complainant shall include a statement explaining why the documents requested may be essential for proving the material facts alleged in the Complaint. After the filing of Respondent’s Answer, the President may issue an order on this request, which may include an extension of the time for filing the optional Reply under Article 10 below. 
4. Proof of Administrative Remedies. Without prejudice to Article 8(1)d, Complainant shall attach a Certificate that the required administrative remedies have been concluded. 
5. Power of Attorney for Complainant. Power of attorney executed in connection with a Complaint brought before the Tribunal, as well as the appointment of legal counsel, may be certified by the Executive Secretary or by a notary public. 
6. Filing of the Complaint. 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 Respondent’s headquarters. If Complainant lives in a place other than Washington, D.C., the Complaint may be filed, with its annexes, at Respondent’s nearest office, by registered mail or by courier. In those cases, the date shown on the note acknowledging receipt by Respondent’s office, the postmark date or the receipt date of the courier shall be the date of filing. 
7. Disposition of the Request for Suspension. After hearing Respondent on the request for suspension under Article 6(1)(f) above, the President may grant the request provided that irreparable injury is found.

⁴ In Article II of the Statute, the Complaint is referred to as the “Application” and Complainant is referred to as the “Applicant.” The filing of the Complaint shall be electronic as required under Article 25(1).

1. Irregular filing. If any of the requirements of Article 6 are not met, the Executive Secretary shall point out the irregularities to Complainant and fix a time limit of not fewer than 30 days to submit a corrected Complaint. If Complainant complies, the Complaint shall be deemed to have been filed on the original date. Otherwise, with the approval of the President, the Executive Secretary shall notify Complainant that the Complaint is regarded as not having been filed. 
2. Notice of the Complaint. Within seven days from the filing of the Complaint or the completion of the corrections referred to above, the Executive Secretary shall serve on Respondent’s General Counsel a copy of the Complaint and its annexes.

1. Admissibility of Complaint. A Complaint shall be admissible only in the following cases: 

2. Extension of the Time to File. The 120-day time limit established above may be extended to one year if the heirs of a deceased employee or the trustee of an employee who is not in a position to manage that employee’s affairs, file the Complaint in the name of said employee.
    
3. Motion to Dismiss on Account of Inadmissibility. Upon Respondent’s motion to dismiss the Complaint for reasons related to admissibility, or on the President’s initiative, the Executive Secretary shall grant Complainant 15 days to present observations on the admissibility of the Complaint. Once the comments are received, or after those 15 days are passed, the President upon consulting with other Members by way of the formation of a Panel or the entire Tribunal, shall rule on the matter. If the President rules the Complaint inadmissible, the Executive Secretary shall promptly notify the Parties and the decision shall be filed for the record. If the President rules the Complaint is admissible or decides to join the inadmissibility motion to the merits, the Executive Secretary shall notify the Parties and the consideration of the Complaint shall proceed in accordance with the procedure set out in these rules.

Respondent shall have 30 days within which to file an Answer to the Complaint. The Answer shall satisfy, mutatis mutandis, the formal requirements of Article 6. If the Answer fails to meet those requirements, Article 7 shall apply to the Answer.

1. Reply. Within seven days from the filing of the Answer, the Executive Secretary shall transmit a copy and its annexes to Complainant, who may submit a Reply within 15 days. 
2. Rejoinder. The Reply shall be transmitted in the same manner to Respondent, who may in turn submit a Rejoinder within 15 days. 
3. Purpose. The Reply and the Rejoinder under this Article are intended merely to confirm, clarify, or rectify the statements on questions of fact and of law set out in the Complaint and the Answer. Consequently, they may not include new petitions or change the issues disputed in the Complaint and the Answer other than those that reasonably arise out of documents produced by Respondent pursuant to an order issued under Article 6(3) above.

1. Appointment. When the procedure set out in Articles 6 to 10 has been completed or the relevant deadlines have expired without a Reply or a Rejoinder having been filed, the President shall, unless the particular case is deemed to involve exceptional circumstances that merit consideration by the full Tribunal, appoint a Panel of three Members to hear and decide the case. At the same time, the President shall designate the Member who will preside over the Panel. Upon the request of any two Members of the constituted Panel, the President, after consultation with the Presiding Member, may decide to refer the matter to the full Tribunal. 
2. Exceptional Circumstances. The exceptional circumstances referred to in Section 1 above, include, among others, the nature of fundamental rights involved, the number of Complainants, the novelty of the issues in dispute or where an earlier precedent may need to be reconsidered, the importance and impact of the decision to be adopted by the Tribunal, or any whistleblower activity alleged to have led to reprisals against Complainant. 
3. Definitions. For purposes of these Rules: (i) the term “Presiding Member”⁵ refers to the Member so designated by the President, or if no Panel is formed, to the President; and (ii) the term “Tribunal” refers to the full Tribunal, or if a Panel is formed hereunder, to that Panel.

⁵ In Article III(4) of the Statute, the Presiding Member of a Panel is referred to as the “Chairperson” of the Panel.

1. Pre-trial Orders. Within 30 days following the filing of the last optional pleading filed under Article 10, or within 30 days following the filing of the Answer, the Presiding Member, after consulting with the other Members of the Tribunal or of the Panel, as the case may be, shall make such orders and give such directions for the expeditious hearing of the Complaint. Those orders may include, among others: 

2. Subsequent Orders. The Presiding Member, after consulting with the other Tribunal Members, may at any time during the proceeding: 

1. Admissibility. Only evidence that is relevant shall be admitted, and evidence considered inherently unreliable may be excluded or given minimal weight. For example, inadmissible evidence may include illegally obtained evidence, and unreliable evidence may include inter alia certain kinds of hearsay normally excluded under customary rules of evidence, and documentary evidence of doubtful authenticity. 
2. Proffering of Evidence. In accordance with Articles 6(2) and 9, the Parties shall include with their initial pleadings all relevant documentary evidence, including signed witness statements. 
3. Refusal to Present Relevant Evidence Requested by a Party. The refusal without good cause of a Party to present relevant evidence in its possession on a material fact requested by the other Party may cause the Tribunal to declare inadmissible other evidence presented by the Refusing Party relative to that fact, and to decide that question of fact in favor of the Requesting Party. A Party which seeks to rely on legitimate grounds to refuse to produce such evidence may seek from the Presiding Member a Protective Order or may submit an excised version of the evidence requested, together with a detailed explanation of the reasons for the protection sought and/or the excisions. 
4. Testimonial Evidence and Hearing. 

1. Option for Oral Argument. At the discretion of the Tribunal, Closing Arguments may be either oral or written. If either Party requests an Oral Argument, the request must be presented no later than 15 days after the last pleading under Article 9 or Article 10, as the case may be; however under extraordinary circumstances the Presiding Member may consider a motion for Oral Argument presented no later than 30 days prior to the date of the Hearing. 
2. Procedure for Oral Argument. 

3. Procedures for Written Argument. 

1. Schedule for Completion and Notification. Following the termination of the procedures specified in Article 14 above, the Presiding Member shall establish a date for the completion and notification of the Judgment. Except in extraordinary circumstances, that date shall be no later than 120 days following the termination of those procedures. 
2. Drafting and Deliberations. The Presiding Member may also establish a schedule of Tribunal meetings and may assign to one or more Members the responsibility for preparing all or parts of a working draft opinion for the Tribunal’s consideration. The Executive Secretary shall assist the Members with the drafting of the statement of facts and procedural history of the case, arranging and coordinating meetings for discussion of drafts, legal research, and producing and circulating drafts for review and final distribution. 
3. Content of the Judgment. The Judgment shall state the findings of fact and the legal basis for conclusions reached and remedies, if any, ordered. 
4. Concurring and Dissenting Opinions. Any written and signed concurring or dissenting opinions shall be appended to the Judgment and published with it. 
5. Signatures. Each Member participating in the case shall sign the Judgment. A Member dissenting may write next to his/her name “Dissenting,” and a Member with a concurring opinion may write next to his/ her name “Concurring.” 
6. Nature of Judgments. Judgments shall be final and without appeal. 
7. Service of Judgment and Publication. The Executive Secretary shall promptly serve upon each Party a copy of the Final Judgment and publish the Judgment on the Tribunal Website. 
8. Archiving. The original Judgment with original signatures shall be attested by the Executive Secretary and filed in Respondent’s archives.

1. Correction of Errors. Arithmetical and clerical errors in the Judgment or those arising from any oversight or omission may be corrected by the Tribunal, on its own initiative or at the request of one of the Parties. The Parties shall have 30 days to request corrections from the date they are notified of the Judgment. In no case may corrections alter or modify the decision set out in the Judgment. 
2. Alternative Compensation. If Respondent’s Chief Executive⁶ determines that rescission or specific performance ordered in a Judgment is not practicable or not in Respondent’s best interests, Respondent shall petition the Tribunal in writing within 30 days of notification of the Judgment, to fix the amount of compensation to be awarded to Complainant in lieu of rescission or specific performance. Having heard the other Party or Parties, the Presiding Member will convene the Tribunal or the Panel to decide on Respondent’s request. 
3. Compliance. Within 90 days of the date of notification of the Judgment or other decision, unless a different time limit is specified in the Judgment or in the Statute or Rules of Procedure, each Party shall carry out the corresponding actions ordered by the Tribunal and shall, on or before the expiration of that period, notify the Tribunal and the other Party or Parties in writing of the actions taken. 
4. Procedure for Disputes on Compliance. 

5. Request for Revision Based on Discovery of New Evidence.

⁶ The Chief Executive of the Inter-American Development Bank is its President; the Chief Executive of the IDB Invest is its General Manager.

1. Voluntary Intervention. Any employee to whom the Tribunal is open under the last clause of Article II(1) of the Statute may apply to intervene in a case being heard by the Tribunal, regardless of the stage of the proceedings, if the employee believes that his/her rights may be affected by the Judgment. 
2. Requirements. The request for intervention shall meet mutatis mutandis the requirements of Article 6. 
3. Third Party Notification. Any person whose rights might be affected by the Judgment may be called upon to intervene in the proceedings, either at the request of a Party or on the initiative of the President. 
4. Procedure. The Executive Secretary shall make the Presiding Member’s ruling, or the request known to the Parties, who shall have 10 days to comment. Thereafter, the Presiding Member shall issue a final ruling regarding the intervention, which shall be transmitted to the requesting person and the Parties. If the Presiding Member should admit the intervention, the intervener shall be provided with a full copy of the record of the case to that date, will be given notice of all briefs submitted and all rulings issued thereafter, may present evidence under Article 13, and may take part in the Oral Argument under Article 14(2).

1. Utilization of briefs. Briefs and their annexes submitted to the Tribunal are for the exclusive use of the Tribunal and the Parties in that specific case. 
2. Confidential Information. When the Parties provide information which they regard as confidential, they shall specifically inform the Executive Secretary. The Presiding Member, having consulted the other Members or Panel, shall determine whether the information so submitted can be regarded as being confidential. The Executive Secretary shall safeguard this evidence and shall make a record of it in the case file. The Parties may examine this evidence only in the office of the Secretariat. If one of the Parties considers that certain information is so confidential that it ought not to be disclosed to the other Parties, the Presiding Member will require that such information be submitted for his/her sole inspection and decide upon its disclosure.

1. Anonymity. A Complainant who wishes that his/her name not appear in the documents that the Tribunal publishes may request anonymity at the time when the Complaint is filed with the Tribunal or at any time before the case is listed for decision by the Tribunal. Immediately thereafter the request for anonymity shall be transmitted to Respondent for comment within a period of time determined by the Presiding Member.
2. Authorization. The Presiding Member in consultation with the Panel may grant a request for anonymity in cases in which publication of Complainant’s name is likely to be seriously prejudicial to Complainant. 
3. Denial of Anonymity. If the Presiding Member should decide against granting anonymity, Complainant shall inform the Executive Secretary, within 30 days of receiving notification of the President’s decision, whether he/she is maintaining or withdrawing the Complaint.

1. Joinder of Cases. If the issues of fact and of law coincide in separate cases, the President, motu proprio or at the request of a Party, may order the joinder of the cases. 
2. Separation of Cases and Scope of Evidence. In those cases in which several Complainants file a joint Complaint, the President may, notwithstanding, order the separation of the cases when their joint processing would be undesirable, on account of diverse circumstances of fact or of law. The President may also rule that all or part of the evidence produced in one of the cases be valid for the remaining cases.

1. Suspension of Time Limits. In any case, and particularly in a case involving the protected categories referred to in Article IX(5) of the Statute, the Tribunal may decide to suspend the application of the provisions regarding time limits. 
2. Computation of Time Limits. In computing the time periods specified in these Rules all calendar days shall be counted. If the expiration of a time period falls on a non-business day at Respondent’s headquarters, or at the location of Respondent’s other office where a filing or other proceeding is to take place, the time period shall be extended to the next working day at such office.

1. Working Languages. The working languages of the Tribunal shall be Spanish and English. However, when Complainant requests that the proceedings be conducted in one of Respondent’s other official languages, the Tribunal may agree to the use of that language in written and oral proceedings. 
2. Language of Judgments. Judgments shall be issued in Spanish and English. However, when appropriate, the Tribunal may instruct the Executive Secretary to have a particular Judgment issued in one of Respondent’s other official languages. 
3. Extension of Time Limits for Translation. The time limits of these Rules may be extended by the Executive Secretary when there are documents that need to be translated.

1. Notices. Notice shall be given: personally; through Respondent’s mail system; via messenger; electronically via email; or via certified mail. Whenever Respondent’s General Counsel or another attorney appointed by Respondent is to be notified in person, it shall suffice for the notice to be delivered to a responsible official authorized to receive service at his/her office. The Executive Secretary shall require from the Parties acknowledgment of receipt of all notices delivered by electronic means and shall record in the case file the date on which the notifications were received. 
2. Effect of Notice to Counsel. Notice given to the representative or to the lawyer of a Party shall be regarded as having been given to the Party itself.

The Tribunal may permit any person or entity with a substantial interest in the outcome of the case to participate as a “friend-of-the-court,” including Respondent’s Staff Association.

1. Electronic Filings. All filings before the Tribunal shall be electronic in PDF or Word format, and signatures shall be electronic. 
2. Communications from the Parties. All communications to the Members from the Parties, directly or indirectly connected with cases being heard by the Tribunal, shall be channeled through the Executive Secretary. 
3. Recordings. The term “recording” as used in these Rules of Procedure refers exclusively to any audio and visual recording of a Hearing, the Oral Closing Argument, or any other oral evidentiary proceeding ordered under Article 13. It does not include written notes, or the written transcripts produced by a court reporter, a Member, or by the Secretariat. Unless the President otherwise orders, the Executive Secretary, shall destroy all recordings made pursuant to these Rules within 30 days following the issuance of the corresponding final Judgment. 
4. Electronic Signatures of Members of the Tribunal. Upon the request of the Executive Secretary, any orders or other documents requiring the signature of a Member and with which a Member agrees shall be by electronic signature. In each case an electronic signature is requested, the Executive Secretary shall first confirm by way of email or any other recordable means the Member’s agreement to the content of the order or document to be signed, and that confirmation shall be maintained in the Tribunal’s archives. 
5. Matters Not Specifically Provided For. Any issue or circumstance which may arise and which is not specifically provided for in these Rules, shall be decided by the Tribunal or the Panel, in each particular case. 
6. Amendment of the Rules. These Rules may be amended by the Tribunal with the affirmative vote of at least four of its Members. 
7. Entry into force. These Rules and any modifications and amendments hereto shall enter into force on the date established in the Tribunal resolution approving them, and they shall apply to all complaints filed after that date. No later than seven days following the adoption of the corresponding resolution, the Executive Secretary shall publish the resolution, together with the Rules modifications, and amendments so approved, on the Tribunal’s Website.