Administrative Tribunal of the BIS (ATBIS) https://www.bis.org/about/at_bis.htm?

m=20

The Administrative Tribunal of the Bank for International Settlements (ATBIS)

was established in 1987. It is composed of five judges. In accordance with
Article 4.2 of the Bank's Headquarters Agreement, the ATBIS has exclusive and
final jurisdiction to settle any dispute in matters of employment relations that
may arise between the Bank and its officials or former officials, or persons
claiming through them. In this connection, matters of employment relations
shall be deemed to include in particular all questions relating to the
interpretation or application of:

a) contracts between the Bank and its officials concerning their employment;
and

b) the regulations to which said contracts refer, including the provisions

governing the Bank's pension scheme and other welfare arrangements
provided by the Bank.

Address of the Registrar of the BIS Administrative Tribunal:

Prof. Dr. Ramon Mabillard

ATBIS Registrar

burckhardt AG
Steinentorstrasse 23
Postfach 258
CH-4010 Basel

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Administrative Tribunal of the BIS (ATBIS) https://www.bis.org/about/at_bis.htm?m=20

▪ I) Governing texts
▪ II) Members
▪ III) Decisions

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 13 January 2014

Statute

of the Administrative Tribunal

of the Bank for International Settlements

Article I

An Administrative Tribunal of the Bank for International Settlements is hereby established.

Article II

(1) The Administrative Tribunal shall be competent to hear and determine any dispute in matters
of employment relations arising between the Bank and its officials or former officials or persons
claiming through them.

(2) Matters of employment relations shall be deemed to include in particular all questions relating
to the interpretation or application of contracts between the Bank and its officials concerning their
employment, and of the regulations to which the said contracts refer, including the provisions
governing the Bank’s pension scheme and other welfare arrangements provided by the Bank.

(3) The term “official” shall for the purpose of the present provisions mean any member of the
Bank’s staff who, in accordance with (i) the Headquarters Agreement concluded between the Swiss
Federal Council and the Bank to determine the Bank’s legal status in Switzerland or (ii) any other
applicable agreement determining the legal status of the Bank and its staff in a specific jurisdiction, is
subject to the jurisdiction of the Administrative Tribunal.

(4) “Persons claiming through” officials or former officials shall for the purposes of the present
provisions mean persons who by virtue of their relationship with such officials or former officials are
entitled to benefits from the Bank or under the Bank’s pension scheme and other welfare
arrangements provided by the Bank.

(5) The Administrative Tribunal shall, if necessary, decide upon its own competence.

Article III

(1) The Administrative Tribunal shall be composed of five members appointed by the Board of
Directors.

(2) The members of the Administrative Tribunal shall be chosen from among persons who
possess the qualifications for appointment to the highest judicial office in their respective countries or
who are jurisconsults of recognised competence. They shall be appointed for a period of four years
and may be reappointed; they may not remain in office beyond the end of the year in which they reach
the age of 75.

(3) Should a vacancy occur before the term of office laid down in paragraph (2) of the present
Article has expired, the Board of Directors shall appoint a new member.

(4) The Administrative Tribunal shall convene at the Bank’s offices either in plenary session (full
Tribunal) or as a panel of three members.

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 Article IV

(1) The Rules of Procedure of the Administrative Tribunal shall be laid down by the full Tribunal in
accordance with the present Statute and after consulting the Bank.

(2) The full Tribunal shall elect a President and a Vice - President from among its members and
appoint a Registrar of the Administrative Tribunal. The Registrar must have an address in the city
where the headquarters of the Bank are located.

(3) The Vice -President shall be the alternate of the President of the Administrative Tribunal in all
circumstances.

(4) The Administrative Tribunal (full Tribunal or panel) shall take decisions by a majority vote. In
the case of a tie, the presiding judge shall have a casting vote.

Article V

Subject to the terms of this Statute, the Rules of Procedure of the Administrative Tribunal shall include
provisions concerning:

(a) the institution of proceedings;

(b) disqualification of members of the Tribunal or their inability to act for any other reason;
(c) representation of the parties;
(d) evidence and proof, the Administrative Tribunal having the power, where necessary, to
require all appropriate means of proof;
(e) the conduct of the hearings;
(f) the duties of the Registrar of the Administrative Tribunal;
(g) the revision of judgments;
(h) all other matters relating to the functioning of the Administrative Tribunal.

Article VI

(1) Proceedings before the Administrative Tribunal shall be instituted by the filing of an application
by the party concerned (official, former official or person claiming through such official or former
official) in English or another working language as provided for in the Rules of Procedure of the
Tribunal.

(2) An application shall not be admissible, save in exceptional circumstances at the discretion of
the Administrative Tribunal, unless:

(a) the applicant has previously submitted a request on the same subject to the General Manager
of the Bank and
(b) the Bank has, in writing, rejected this request wholly or in part, or
(c) the Bank has failed to respond to the said request in writing within 90 days of its having been
submitted,
(d) the applicant has notified the General Manager in writing, within the time limits laid down in the
following Article, of his/her intention to file an application, and finally,
(e) the application was filed within the time limits laid down in the following Article.

(3) A prior request shall not be necessary if the action sought by the applicant through a
Grievance Procedure has been rejected, wholly or in part, by a decision which under the Grievance
Procedure entitles the applicant to have immediate recourse to the Administrative Tribunal.

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 Article VII

(1) The application referred to in Article VI above must be filed with the Registrar of the
Administrative Tribunal within 90 days of:
(a) receipt by the applicant of the communication referred to in paragraph (2)(b) Article VI above,
or
(b) the end of the period referred to in paragraph (2) (c) Article VI above, or
(c) receipt by the applicant of a decision which under the Grievance Procedure entitles the
applicant to have immediate recourse to the Administrative Tribunal.

(2) The prior notification to the General Manager referred to in paragraph (2) (d), Article VI above
must specify the subject matter and be sent to the Bank within 30 days of the events mentioned under
paragraph (1) (a), (b) and (c) of the present Article.

Article VIII

(1) Cases shall be decided by a panel of the Administrative Tribunal.

(2) As soon as an application has been submitted to him/her, the President of the Administrative
Tribunal shall designate the members of the Tribunal who shall form the panel which is to judge the
case.

(3) As a general rule, cases will be decided on the basis of written procedures, and the Tribunal
will render a judgment based upon the written submissions and written evidence of the parties. Oral
hearings will only take place if the Tribunal so decides as provided for in the Rules of Procedure of
the Tribunal. The proceedings of the Administrative Tribunal shall not be public.

Article IX

(1) The Administrative Tribunal shall apply the regulations established by the Bank and the
contracts concluded between the Bank and its officials, and shall satisfy itself, if necessary, that such
regulations and contracts are in conformity with general principles of law.

(2) In the absence of applicable rules, the Administrative Tribunal shall base its judgments on
general principles of the law of the international civil service and, in case of doubt, on general
principles of Swiss law, whereby it is understood that neither judgments delivered by other
administrative tribunals of the international civil service nor those of national courts shall be binding
upon the Tribunal.

(3) In all cases, the Tribunal shall take into account the customs and practices of the Bank.

Article X

(1) If the Administrative Tribunal finds that the application is well founded it may quash the
decision contested and, if necessary, grant an appropriate remedy.

(2) The Administrative Tribunal cannot substitute its decision for the discretionary power of the
Bank in matters of appointments.

(3) The filing of an application shall not have a suspensory effect.

(4) The President of the Tribunal may make interim orders.

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 Article XI

(1) Each judgment of the Administrative Tribunal shall state the reasons on which it is based.

(2) Judgments of the Administrative Tribunal shall be final and without appeal.

Article XII

(1) If, after a judgment has been delivered by the Administrative Tribunal, new facts come to the
knowledge of a party to the case which, had they been known at the time of the deliberations, might
have had a decisive influence on the said judgment, the party concerned may request revision of the
judgment within 90 days of the new facts coming to his knowledge.

(2) The Administrative Tribunal may interpret or rectify any judgment whose terms appear
obscure or incomplete or which contains a typographical, clerical or arithmetical error.

Article XIII

(1) The original copy of each judgment shall be filed in the archives of the Bank. A copy attested
by the President of the Administrative Tribunal shall be delivered to the parties concerned.

(2) The Administrative Tribunal shall publish, in coordination with the Bank, all or part of its
judgments to the extent that it considers such publication necessary, without prejudice to the parties’
right of privacy. Upon reasoned request, copies of unpublished judgments may subsequently be made
available to persons with a legitimate interest by the Registrar, after consulting the Bank, and
safeguarding the interests of the parties concerned.

Article XIV

(1) The costs of the Administrative Tribunal incurred in connection with the performance of its
functions shall be borne by the Bank.

(2) The panel may, if it rules in the applicant’s favour, award costs to be borne by the Bank as
indemnity for all or part of the expenses incurred by the applicant. Under exceptional circumstances,
the panel may award costs even though it did not rule in the applicant’s favour.

Article XV

The President of the Administrative Tribunal shall periodically provide the Chairman of the Board of
Directors of the Bank with a report on the cases which have come before the Administrative Tribunal.

Article XVI

(1) This Statute may be amended by the Board of Directors of the Bank after consulting the
Administrative Tribunal.

(2) The present revised version of the Statute shall enter into force on the day of its adoption by
the Board of Directors of the Bank.

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 1 January 2024

Rules of Procedure
of the Administrative Tribunal
of the Bank for International Settlements

Chapter I: General provisions

Article 1

Scope of application

1 These rules ("the Rules of Procedure") determine the procedure to be followed before the
Administrative Tribunal of the Bank for International Settlements ("the Tribunal") provided
for by Article 4, paragraph 2 of the Agreement of 10 February 1987 between the Swiss
Federal Council and the Bank for International Settlements ("the Bank") determining the
Bank's legal status in Switzerland ("the Headquarters Agreement") and established by the
Statute of the Tribunal drawn up by the Board of Directors of the Bank ("the Statute of the
Tribunal").

2 The Rules of Procedure shall be applicable in the event of any proceedings before the
Tribunal between the Bank and its officials or former officials or persons claiming through
them with regard to:

(a) employment relations;

(b) rights and obligations in respect of the Bank's pension scheme and other welfare
arrangements provided by the Bank.

3 The Rules of Procedure shall be subject to the provisions of:

(a) the Headquarters Agreement;

(b) the Statute of the Tribunal.

Article 2

Working languages of the Tribunal

1 The primary working language of the Tribunal shall be English. However if the applicant is
not fluent or comfortable in English or in other appropriate circumstances, French or
German shall be the applicable working language. In plenary (full Tribunal) or panel
sessions attended by the parties, each member of the Tribunal shall express
himself/herself in the applicable working language of the Tribunal as determined above.

2 Procedural documents shall be drawn up in the applicable working language.

3 The Registrar may, at the request of a member of the Tribunal or one of the parties, ask
any party producing documentary evidence not written in the applicable working
language of the Tribunal to provide a translation of such document.
Chapter II: Organisation of the Tribunal

Article 3

Composition of the Tribunal

The Tribunal shall meet in plenary session (full Tribunal) or as a panel of three members.

Article 4

Plenary sessions

1 The Tribunal shall meet in plenary session (full Tribunal) at the Bank's headquarters in
order to:

(a) establish or amend the Rules of Procedure;

(b) elect the President and the Vice-President of the Tribunal;
(c) appoint or dismiss the Registrar of the Tribunal;
(d) give a decision on any referral by a panel;
(e) approve the annual report drawn up by the President of the Tribunal.

2 A minimum of four members shall constitute a quorum for plenary sessions. If all the
members agree, decisions may be taken by written procedure or teleconference.

3 The full Tribunal shall take its decisions by a majority vote. In the event of a tie, the
presiding judge of the plenary session shall have a casting vote.

Article 5

President of the Tribunal

1 The President of the Tribunal shall, with the assistance of the Registrar, take care of the
day-to-day business of the Tribunal.

2 He/she shall preside over the plenary sessions.

3 He/she shall, in addition, perform the functions entrusted to him/her by the Statute of the
Tribunal and the Rules of Procedure.

Article 6

Registrar of the Tribunal

1 Under the authority of the President of the Tribunal, the Registrar of the Tribunal shall
provide the secretariat of the Tribunal.

2 He/she shall attend plenary and panel sessions without the right to vote.

3 He/she shall keep the minutes of these meetings.

4 He/she shall perform, in addition, the functions entrusted to him/her by the Rules of
Procedure and carry out the tasks which the President assigns to him/her.
 Article 7

Disqualification or objection

1 Members of the Tribunal or the Registrar must consider themselves disqualified from
hearing a case:

(a) in matters in which they themselves, their spouse or any relative in the
ascending or descending line are directly concerned;
(b) in matters concerning which they have previously been called upon in another
capacity, as adviser, representative, expert or witness on behalf of a party;
(c) if there exist circumstances such as to give rise to the appearance of bias with
respect to one of the parties.

2 Those finding themselves so disqualified shall immediately inform the President of the
Tribunal.

3 Parties wishing to object to a member of the Tribunal or to the Registrar shall address a
reasoned written statement to the Registrar of the Tribunal; this statement must, to be
admissible, be sent within 10 days of the grounds for objection coming to the knowledge
of the parties concerned.

4 A decision on disqualification, together with a summary of the reasons on which it is

based, shall be taken by written procedure by a panel consisting, unless they are unable
to act, of the President of the Tribunal, the Vice-President and the longest-serving of the
other members.

Chapter III: Procedure

Article 8

Representation of the parties

1 Each of the parties may at any time be assisted or represented before the Tribunal by a
representative of its choice who is authorised to represent parties before a court of law in
one of the countries or monetary areas whose central bank is a member of the Bank.

2 Additionally and alternatively, the applicant may also be assisted or represented before
the Tribunal by a member or a former member of the staff and the Bank by an inhouse
counsel or other officials.

3 The representative shall furnish evidence of his authority which shall be deposited in the
relevant case file.

Article 9

Procedural documents

1 All documents for the attention of the Tribunal shall be sent to the Registrar of the Tribunal
in six copies (or in such number as may be determined by the Registrar) by registered mail
or by any other means of communication allowing for authentication of dispatch that has
the approval of the presiding member of the panel.

2 Decisions, orders, judgments and other documents for the attention of the parties to the
case shall be sent by the Registrar to each of the parties or their representatives by
 registered mail or by any other means of communication allowing for authentication of
dispatch that has the approval of the presiding member of the panel.

Article 10

Calculation of time limits

1 In the calculation of prescribed time limits, the day on which the period in question begins
shall not be counted; if the last day falls on a Saturday, a Sunday, or another official holiday
at the seat of the bank or at the place of residence of any other party, the time limit expires
on the following working day.

2 Written documents must be sent to the address of the Registrar of the Tribunal no later
than on the last day of the relevant period.

Article 11

Extension of time limits

1 The time limits set by the Tribunal may be extended. A reasoned request for an extension
must be sent to the address of the Registrar in accordance with the provisions of Article 9
of these Rules of Procedure, before expiry of the time limit in question.

2 An extension of time upon non-compliance with a prescribed time limit or an adjournment

for non-appearance shall be granted on condition that the applicant shows reasonable
grounds on which he/she or his/her representative was prevented through no fault of their
own from taking action or appearing in time.

3 An application for such extension must be made within 10 days of the date on which the
grounds for the delay ceased to exist.

Article 12

Institution of proceedings

1 The application instituting proceedings shall not be admissible, save in exceptional

circumstances at the discretion of the Tribunal as provided for in Article VI, paragraph (2)
of the Statute of the Tribunal, unless it has been filed with the Registrar of the Tribunal
within the time limit provided for in Article VII of the Statute.

2 The application shall be clear, as concise as possible, and contain all relevant particulars,
notably:

(a) the name, address and functions of the applicant and, where applicable, of his/her
representative;
(b) the claims made in the application;
(c) a statement of the facts of the case;
(d) details of the evidence that is put forward in support of each fact that is alleged;
the details, which may take the form of documentary evidence, witness
statements or expert reports should be sufficient to set out the nature of the
party's case, without being unnecessarily lengthy. In particular, the party should
take account of the need to limit the evidence to relevant matters and the
importance of resolving the case as expeditiously as possible;
(e) a numbered list of the documents produced and a list of other evidence cited;
(f) a statement of the legal grounds for the application;
(g) the signature of the applicant or his/her representative.
 The President may grant the applicant a short but sufficient extension of time to complete
or correct an application that does not fulfil the conditions of the present paragraph.

3 A copy of the prior request and, where applicable, of the General Manager's decision shall
be appended to the application.

Article 13

Constitution of the panel

1 After receipt of the application, the President of the Tribunal shall determine the
composition of the panel and designate the members of the panel who shall serve as
presiding member of the panel and as reporting judge.

2 The parties shall be notified of the composition of the panel.

3 The panel may decide to refer the application back to the full Tribunal when a question of
general importance arises, in particular when a departure from previous judgments of the
Tribunal is contemplated.

Article 14

Admissibility

1 The panel shall by virtue of its office examine the admissibility of the application and of all
procedural documents.

2 The panel may, without any hearings, decide by unanimous vote via written procedure not
to examine the substance of the application if it is manifestly inadmissible or manifestly
amounts to an abuse of process.

3 Summary reasons shall be given for the decision as to inadmissibility or abuse of process.

Article 15

Respondent's answer

Unless the application is deemed inadmissible from the outset, the Registrar shall forward
it to the respondent together with the time limit, which shall not be less than 60 days, set
by the presiding member of the panel for the respondent to file a written answer to the
application, to submit any counterclaim, and to produce documentary, witness evidence
and/or expert report, as described in Article 12, paragraph 2(d), of these Rules of
Procedure.

Article 16

Third party intervention

1 If the application directly affects the interests of third parties the presiding member of the
panel shall ask the Registrar to send the relevant documents to them and set a time limit
for them to present their comments and, if applicable, make submissions as intervening
parties.

2 The presiding member of the panel shall, if necessary, set a time limit for the parties to
adopt a position on the submissions of intervening parties.
 Article 17

Exchange of further written submission and documents

1 Once the respondent has submitted its answer, the presiding member of the panel shall
set a time limit for the applicant to reply.

2 Within the time limit set by the presiding member of the panel, the respondent may in
turn submit a rejoinder.

3 If the application, the answer, the reply, the rejoinder, the counterclaim or the intervention
of a third party raises complex questions of fact or of law, the presiding member of the
panel may, after consulting the other members of the panel, call for a further exchange of
written statements and documents.

Article 18

Exceptional oral hearings

1 As a general rule, cases will be decided without oral hearings, and the panel will render a
judgment based upon the written submissions of the parties and evidence. However, oral
hearings may take place if the panel considers them necessary ex officio or if one of the
parties so requests no later than two weeks after the exchange of written submissions and
if the panel so decides after consulting the other party.

2 Oral hearings may be organised using a means of communication designated by the

presiding member of the panel (for example, by means of teleconference).

3 Article 21 of these Rules of Procedure sets out further rules which apply to hearings.

Article 19

Written evidence

1 In accordance with Article 12, paragraph 2(d), Article 14 and Article 18 of these Rules,
witness statements and expert reports may be submitted to the Tribunal in writing.

2 The statement of a witness of fact must contain the following declaration: "I solemnly
declare upon my honour and conscience that I will state the truth, the whole truth and
nothing but the truth."

3 The statement of an expert witness must contain a declaration that he/she provides the
evidence completely impartially and independently.

4 The panel may at any time call for the production by a party of further documents or other
evidence.

5 In addition, a party may apply to the presiding member of the panel for an order seeking
the production of documents or other evidence by the other party, subject to the
condition that the requested documents or evidence are specified, relevant, and the
production of these is not, unduly burdensome on the requested party in the particular
circumstances of the case. The presiding member of the panel may grant or decline to
grant the order sought, in his/her discretion.
6 It is for the panel to decide upon the weight to be attached to the evidence. The panel
may exclude evidence which it considers irrelevant or lacking in probative value.

7 With the approval of the presiding member of the panel, each party or witness may
express themselves in a language other than the applicable working language of the
Tribunal, as provided for in Article 2, paragraph 1 of these Rules of Procedure.

Article 19a

Legal privilege

1 The panel shall, at the request of a party or on its own motion, exclude from evidence or
production any document, statement, oral testimony or inspection on the ground of legal
privilege in accordance with the present provision.

2 In considering issues of the legal privilege, the panel will take into account:

(a) any need to protect the confidentiality of a document created or statement or

oral communication made in connection with and for the purpose of providing
or obtaining legal advice;
(b) any need to protect the confidentiality of a document created or statement or
oral communication made in connection with and for the purpose of settlement
negotiations;
(c) the expectations of the parties and their advisors at the time the legal privilege
is said to have arisen;
(d) any possible waiver of the legal privilege by virtue of consent, earlier disclosure,
affirmative use of the document, statement, oral communication or advice
contained therein, or otherwise; and
(e) the need to maintain fairness and equality as between the parties.

3 The legal privilege set forth under paragraph 1 and 2 of this article applies also to a
member or former member of the staff representing the applicant and in-house counsels
of the Bank.

Article 20

Settlement proposal

Either at his/her own initiative or at the request of one party, the presiding member of the
panel shall take such steps, if any as he/she thinks fit, to facilitate a settlement of the
dispute. If the presiding member of the panel considers it appropriate to take such steps,
he/she should take such steps as early as possible in the proceedings.

Article 21

Oral Hearings

1 In cases in which there are to be oral hearings, the presiding member of the panel shall
make an order indicating the date and place of the hearings, and the time allowed for the
evidence (if any) and oral argument.

2 The presiding member of the panel shall chair the hearings. Any procedural issues which
arise in relation to oral hearings shall be decided by the presiding member of the panel,
after consulting with the other members of the panel. The Registrar shall keep the minutes
of the proceedings for the panel.
3 The presiding member of the panel shall decide whether oral evidence will be heard at
the hearing from the parties, witnesses and/or experts, or whether the hearing will consist
solely of oral submissions from the representatives of the parties. The parties may make
submissions in writing to the presiding member of the panel, in advance of the hearing,
as to whether evidence should be heard from the parties, witnesses and/or experts and,
if so, from whom.

4 In cases in which there is oral evidence, the parties, their witnesses, and the experts shall
be examined by the panel. The parties may put questions to the witnesses (including, if
called, the other party) and experts, under the supervision of the presiding member of the
panel.

5 Before giving evidence, each witness (including a party who is also a witness) shall be
asked to make the declaration set out at Article 19, paragraph 2, of these Rules.

6 Before giving evidence, each expert shall be asked to make the declaration set out at
Art 19, paragraph 3, of these Rules.

7 At oral hearings, it is for the panel to decide upon the weight to be attached to the
evidence. The panel may exclude evidence which it considers irrelevant or lacking in
probative value.

8 At oral hearings, both parties shall be invited to state their case. In cases in which there
has been oral evidence, this shall take place after the evidence has been heard.

9 With the approval of the presiding member of the panel each party or witness may express
themselves in a language other than the applicable working language of the Tribunal as
provided for in Article 2, paragraph 1 of these Rules of Procedure.

10 In exceptional circumstances the presiding member of the panel may authorise the parties
simultaneously to submit written submissions after the conclusion of the hearing.

Article 22

Deliberation

1 Once the exchange of written submissions is completed, or, where applicable, oral
hearings have been concluded, the reporting judge shall draw up a written report for the
members of the panel in the form of a draft reasoned judgment.

2 The panel shall deliberate and vote in secret.

3 The panel shall take decisions by an absolute majority of its members on each of the
orders made and, if need be, on the main grounds for the judgment. In case of a tie the
presiding judge has a casting vote.

Chapter IV: Judgment

Article 23

Powers of examination and decision-making

1 The Tribunal shall not be bound by the reasons put forward by the parties.
2 It shall decide upon its own competence and pass judgment on the merits, quashing or
modifying, where appropriate, the decision contested.

3 It may deliver judgments on part of the claim or interim judgments.

Article 24

Delivery of the judgment

1 The reporting judge or the Registrar shall draw up the full text of the judgment, including
the composition of the panel, the statement of the facts, the claims put forward by the
parties, and the legal grounds for and the terms of the judgment.

2 This text shall be circulated to the members of the panel for approval.

3 A copy of the final text of the judgment, signed by the presiding member of the panel and
the Registrar, shall be delivered to each of the parties and, where relevant, to others in
accordance with Article XIII paragraph 2 of the Statute.

4 The original of the judgment and the case file shall be placed in the archives of the
Bank.

5 The whole judgment or excerpts of it shall be published as an anonymized version on the

homepage of the Tribunal.

Article 25

Decisions

1 Judgments of the Tribunal shall be final and without appeal.

2 They shall be enforceable as from the time they are notified to the parties.

3 They shall be subject to the provisions regarding revision or interpretation of judgments.

Article 26

Request to set aside or revise the judgment

1 Either party may:

(a) within 30 days of receiving the considered judgment, request the full Tribunal that
it be set aside
(i) if the provisions of the Rules of Procedure concerning the composition of
the full Tribunal or of a panel have not been observed; or
(ii) if the panel has wrongfully granted one of the parties either more or
something other than such party had asked for, or less than the opposing
party had acknowledged was due to the first party; or
(iii) if the panel has failed to provide due process taking into account Article 14
of the International Covenant on Civil and Political Rights; or
(b) within 90 days of discovering grounds for revision request to the panel that the
judgment be revised, such grounds being new facts which come to the knowledge
of the party concerned after the delivery of the judgment by the Tribunal and
which, had they been known at the time of the hearings, might have had a decisive
influence on the content of the judgment.
2 To be admissible, the request shall state the grounds for setting aside or reviewing the
judgment, and in the latter case the amendments to be made to it.

3 The full Tribunal or the panel shall pass judgment on the request by written procedure, in
principle without any hearings, but after an exchange of written submissions; should the
request be admitted, it shall pass judgment on the merits following the usual procedure.
It may take into account the need for finality in litigation.

Article 27

Request to rectify or interpret the judgment

1 Either party may, within 30 days of receiving the judgment, request that it be rectified or
interpreted if the terms of the judgment are obscure, incomplete or ambiguous; if the
terms of the judgment are internally inconsistent; or if the judgment contains obvious
typographical or mathematical errors, after giving the parties the opportunity to make
representations, the Tribunal may of its own motion rectify any judgment which contains
such an error.

2 To be admissible, the request shall state the grounds for rectifying or interpreting the
judgment, and specify the amendments to be made to it.

3 The panel may pass judgment on the request by written procedure after an ex-change of
written submissions, without any hearing. Should the request be admitted, the panel shall
pass judgment on the merits following the usual procedure.

Chapter V: Entry into force

Article 28

Entry into force

Adopted by the full Tribunal on 17 November 2023. These Rules of Procedure in their
original English, French, and German versions come into force on 1 January 2024.

The Registrar of the Tribunal The President of the Tribunal

Ramon Mabillard Jean-Marc Rapp

Members of the Administrative Tribunal of the BIS https://www.bis.org/about/atbis_members.htm

Swiss, former professor at the University of Lausanne

German, Professor at the Ludwig Maximilians University

French, Professor at the University of Geneva

South African, Professor at the University of Oxford

Bosnian and Herzegovinian, former registrar of the Administrative Tribunal of

the International Labour Organization (ILOAT)

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Members of the Administrative Tribunal of the BIS https://www.bis.org/about/atbis_members.htm

▪ I) Governing texts
▪ II) Members
▪ III) Decisions

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Decisions of the Administrative Tribunal of the BIS (ATBIS) https://www.bis.org/about/atbis_decisions.htm

The decisions published on this site have been edited by the ATBIS to take into
account parties' right of privacy. They are provided in the language in which
they were delivered (with an English translation where necessary) together with
the Statute and Rules of Procedure in force at the time.

in matter
30 September 2022
English

: Oral hearings (discretion of the Tribunal); compensation for loss of

an internal employment opportunity (job elimination/redundancy due to
reorganization, duty to draw attention to internal vacancies, duty to provide
training opportunities); claim for additional compensation to reflect the actual
work scope (request to determine work percentage); claim for pension fund
contributions on overtime; compensation for overtime work in excess of
weekly working time (limitation period); award of legal costs (when prevailing
in part)

Mündliche Verhandlung (Ermessen des Gerichts); Entschädigung

für den Verlust einer internen Anstellungsmöglichkeit (Stellenabbau/
Entlassung aufgrund von Reorganisation, Pflicht auf interne freie Stellen
hinzuweisen, Pflicht Weiterbildungsmöglichkeiten anzubieten); Anspruch auf
zusätzliche Vergütung entsprechend dem tatsächlichen Arbeitsumfang (Antrag
auf Feststellung des Teilzeitarbeitsumfangs); Anspruch auf
Pensionskassenbeiträge für Überstunden; Vergütung für Überstunden, die über
die wöchentliche Arbeitszeit hinausgehen (Verjährungsfrist); Zuspruch von
Prozesskosten (bei teilweise Obsiegen)

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Decisions of the Administrative Tribunal of the BIS (ATBIS) https://www.bis.org/about/atbis_decisions.htm

: Procédure orale (pouvoir d'appréciation du tribunal); indemnisation

pour la perte d'une chance d'engagement interne (suppression de poste/
licenciement en raison d'une réorganisation, obligation d'attirer l'attention sur
les postes vacants internes, obligation d'offrir des possibilités de formation);
action en paiement de la rémunération supplémentaire pour refléter le volume
de travail effectif (demande de détermination du pourcentage de travail); action
en cotisations de pension pour les heures supplémentaires; rémunération des
heures supplémentaires dépassant la durée hebdomadaire de travail (délai de
prescription); octroi des frais de justice (en cas de gain partiel)
Judgment 1-2021  English
Statute  English
Rules of Procedure  English

in matter
6 April 2020 (Review Procedure ATBIS 1/2018)
English

: Request to set aside or to revise the judgment (interpretation of

applicant's letter which does not contain such a request); written procedure; no
examination of the substance; manifest inadmissibility

Gesuch um Aufhebung oder Revision des Urteils (Auslegung des

Schreibens des Antragstellers, das kein solches Gesuch enthält); schriftliches
Verfahren; Nichteintreten; offensichtliche Unzulässigkeit

: Requête en annulation ou en révision du jugement (interprétation

de la lettre du requérant qui ne contient pas une telle requête); procédure
écrite; absence d'examen au fond; irrecevabilité manifeste
Judgment 1-2020  English
Statute  English
Rules of Procedure  English

in matter
11 April 2019
English

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Decisions of the Administrative Tribunal of the BIS (ATBIS) https://www.bis.org/about/atbis_decisions.htm

Fixed-term contracts; Time limits (filing, application); notification

(general manager); waiver clause (admissibility, interpretation); estoppel;
constructive dismissal; pension fund contributions (acquired rights, equal
treatment); subject matter of the claim (prior request to the general manager,
claim made in the application to the tribunal); employment relationship
(employment records, termination, legitimate expectation of contract renewal,
job change); duty of care and fair treatment (harassment)

Befristete Arbeitsverträge; Fristen (Klage, Verjährung);

Benachrichtigung (Generaldirektor); Klageverzicht (Zulässigkeit, Auslegung);
Einwand (estoppel); rechtsmissbräuchliche Kündigung (construcitve
dismissal); Pensionskassenbeiträge (wohlerworbene Rechte,
Gleichbehandlungsgebot); Streitgegenstand (Begehren an Generaldirektor,
Klage ans Gericht); Arbeitsverhältnis (Personalakten, Beendigung, legitime
Erwartung der Vertragserneuerung, Änderungen des Arbeitseinsatzes);
Fürsorgepflicht und faire Behandlung (Belästigung)

Contrats à durée déterminée ; Délais (demande, prescription) ;

notification (directeur général) ; clause de renonciation (admissibilité,
interprétation) ; objection (estoppel) ; résiliation abusive (constructive
dismissal) ; contributions à la caisse de pension (droits acquis, égalité de
traitement) ; objet de litige (requête au directeur général, demande au tribunal) ;
emploi (dossier, fin, attente légitime de renouvellement, changements) ; devoir
de sollicitude et de traitement équitable (harcèlement)
Judgment 1-2018  English
Statute  English
Rules of Procedure  English

in matter
28 January 2016
English

Pensionsreglement; Artikel 18.2 des Pensionsreglements;

Kinderrente; Vorzeitige Pensionierung; Gleichbehandlung; obligatorisches
Rentenalter

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Decisions of the Administrative Tribunal of the BIS (ATBIS) https://www.bis.org/about/atbis_decisions.htm

Règlement des pensions; Article 18.2 du règlement des pensions;

Rente d'enfant; Retraite anticipée; Egalité de traitement; L'âge obligatoire de la
retraite
Pensions Regulations; Article 18.2 of the Pensions
Regulations; Child's annuity; Early retirement; Equal treatment; Compulsory
retirement age
Judgment 1-2015  English
Statute  English
Rules of Procedure  English

in matter
22 August 2012
French

Zustelladresse für Klagen; Probezeit (Verlängerung während

Arbeitsunfähigkeit; Begründung der Verlängerung); Zugang von Mitteilungen
(während Arbeitsunfähigkeit; Kommunikationsmittel); Kündigung
(Entschädigung)
adresse pour le dépôt des plaintes ; période d'essai, période
probatoire (prolongation pendant l'incapacité de travail ; motifs de la
prolongation); réception de communications (pendant l'incapacité de travail ;
moyens de communications); résiliation (compensation)
address for filing complaints; provisional period (extension
for a period of incapacity to work; grounds for the extension); receipt of
communications (for a period of incapacity to work; means of communication);
termination (indemnification)
Judgment 1-2011  French  English
Statute  French  English
Rules of Procedure  French  English

in matter
13 December 2007
German

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Decisions of the Administrative Tribunal of the BIS (ATBIS) https://www.bis.org/about/atbis_decisions.htm

Anstellungsbedingungen, Änderbarkeit der

Anstellungsbedingungen, Kranken- und Unfallversicherungssystem
(Prämienerhöhung), dienstliche Mitteilung Nr. 824, Besitzstandswahrung
conditions d'emploi, modification des conditions d'emploi,
assurance maladie et accident (augmentation des primes), note de service n°
824, protection des droits acquis
conditions of employment, change in conditions of
employment, health and accident insurance (premium increase), service note
n° 824, grandfathering of acquired rights
Judgment 1-2006  German  English
Statute  German  English
Rules of Procedure  German  English

in matter
15 September 2006
German

Reorganisation, Einstufung der Position, Ernennung, freies

Ermessen, Persönlichkeitsverletzung, Leistungsbewertung,
Anstellungsgarantie, Treuepflicht, Stellenbeschrieb
Réorganisation, classement de poste, nomination, pouvoir
d'appréciation, atteinte aux droits de la personne, évaluation de performance,
garantie d'emploi, devoir de loyauté, description de poste
Re-organisation of services, classification of position,
appointment, discretionary power, violation of personal rights, performance
review, employment guaranty, duty of loyalty, job description
Judgment 1-2005  German  English
Statute  German  English
Rules of Procedure  German  English

in matter
23 October 2001
French

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Pension (aufgeschobene, vorbezogene), Erwerb zusätzlicher

Pensionsansprüche, Kündigung (Entschädigung), Pensionssystem, Grundsatz
von Treu und Glauben
pension (différée, anticipée) acquisition de droits à pension
supplémentaires, licenciement (indemnité), système de pension, principe de
bonne foi
pensions (deferred, early), acquisition of additional pension
rights, termination (indemnity), pension plan, principle of good faith
Judgment 1-1999  French  English
Statute  French  English
Rules of Procedure  French  English

in matter
28 June 2000
German

Gehalts- und Pensionssystem, Pension, Gleichstellung von

schweizerischen und ausländischen Beamten, Diskriminierungsverbot
rémunération et système de pension, pension, égalité de
traitement entre agents suisses et étrangers, non-discrimination
remuneration and pension plan, pension, equal treatment of
Swiss and foreign officials, non-discrimination
Judgment 1-1998  German  English
Statute  German  English
Rules of Procedure  German  English

in matter
7 July 1997
German

Anstellungsbedingungen, Steuerbefreiung, Steuerrückvergütung,

Beamte schweizerischer Nationalität, Diskriminierungsverbot
conditions d'emploi, exemption d'impôts, remboursement d'impôts,
agents de nationalité suisse, non-discrimination

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conditions of employment, tax exemption, tax

reimbursement, officials of Swiss nationality, non-discrimination
Judgment 1-1996  German  English
Statute  German  English
Rules of Procedure  German  English

▪ I) Governing texts
▪ II) Members
▪ III) Decisions

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