Included below is a summary explanation of the process that is involved in the filing of an application with the World Bank Administrative Tribunal (WBAT). For a full understanding of all of the requirements, the Statute
of the WBAT should be fully consulted.
Who may file an application with the WBAT
Those who may file an application with the WBAT are: "any current or former member of the staff of the Bank Group, any person who is entitled to claim upon a right of a member of the staff as a personal representative or by reason of the staff member’s death, and any person designated or otherwise entitled to receive a payment under any provision of the Staff Retirement Plan." (See Article II
(3) of the Statute of the WBAT.)
Completing an application
An application that is to be filed with the WBAT must comply with the requirements of Rule 7
and Annex I
of the WBAT’s Rules. An application consists of four Parts: (I) information concerning the personal and official status of the applicant; (II) pleas; (III) an explanatory statement; and (IV) annexes. Each of the four Parts, and their headings and subheadings, must be included in the same order in which they appear in the application form
. If there are any sections that are not applicable, an applicant should so indicate.
The applicant must sign the last page of the original application. The applicant may instead, by means of a power of attorney letter transmitted to the Executive Secretary, "authorize his or her lawyer or the staff member or retired staff member who is representing the applicant to sign in his or her stead." (See Rule 7
(7) of the WBAT's Rules.) If the applicant is incapacitated, his or her legal representative must provide the required signature. (See Rule 7
(7) of the WBAT's Rules.) Lawyers acting as representatives must be "authorized to practice in any country which is a member of the Bank." (See Rule 16
(1) of the WBAT’s Rules.)
The applicant must prepare eight copies of the original application. Each copy must reproduce all sections of the original application, including the annexes. However, the Executive Secretary may, upon request, grant the applicant permission to omit the text of an annex of unusual length from a specified number of copies of the application. (See Rule 7
(6) of the WBAT’s Rules.)
The applicant must file the duly signed original and eight copies of the application with the Executive Secretary of the WBAT. (See Rule 7
(8) of the WBAT’s Rules.) An applicant may either hand deliver the application and its eight copies directly to the Tribunal or may send them by an efficient mail service. If the applicant decides to send the application and its eight copies, the date of the filing of the application is the date on which the application was posted, not the date on which the application was received by the Executive Secretary. In order for an application to be admissible before the Tribunal, it must satisfy the jurisdictional requirements of Article II
of the Tribunal’s Statute.
If the formal requirements of the Rules of the WBAT are not fulfilled, the Executive Secretary may ask the applicant to make the necessary corrections in the application and in the eight copies "within a period which the Executive Secretary shall prescribe." The Executive Secretary may also, "with the approval of the President [of the Tribunal], make the necessary corrections when the defects in the application do not affect the substance." (See Rule 7
(9) of the WBAT’s Rules.) Corrections to the application do not have the effect of changing the date of its filing.
Transmission of application
Once the Executive Secretary determines that the application meets the formal requirements of the Rules of the WBAT, a copy of the application will be transmitted to the Bank for its answer. (See Rule 7
(10) of the WBAT’s Rules.)
Process that follows the transmission of the application
The Bank must submit to the Executive Secretary of the Tribunal its written answer to the application within 60 days of its receipt of the application. (See Rule 9
(4) of the WBAT’s Rules.) Thereafter, the applicant may, within 45 days of its receipt of the Bank's answer, file with the Executive Secretary a written reply. (See Rule 10
(1) of the WBAT’s Rules.) Finally, the Bank may, within 30 days of its receipt of a reply, file with the Executive Secretary a written rejoinder. (See Rule 11
(1) of the WBAT’s Rules.) The written rejoinder is then transmitted to the applicant. (See Rule 11
(4) of the WBAT's Rules.) The answer, reply and rejoinder are only transmitted to the other party once the Executive Secretary has determined that such pleadings satisfy the formal requirements of the Rules. (See Rules 9
(4) and 11
(4) of the WBAT’s Rules.) The filing of the rejoinder generally marks the end of the written proceedings. (See Rule 11
(5) of the WBAT’s Rules.)