Granting an application for revision: As consistently held by the Appeals Tribunal, “the review procedure [of revision] is of a corrective nature and thus is not an opportunity for a party to reargue his or her case” (see Sanwidi 2013-UNAT-321, para. 8. Moreover, an application for revision of a judgment is only receivable if it fulfills the strict and exceptional criteria established under art. 12.1 of the Dispute Tribunal’s Statute and art. 29 of its Rules of Procedure, namely (see James 2016-UNAT-680, para. 13): “… Accordingly, an application for revision of judgment is only receivable if...
Article 29
Whilst the prescribed form refers to “judgments” and not “orders”, the Tribunal found that this is a matter of form and not substance. The Tribunal found that the suspension of action Order No. 276 (NY/2016) was dispositive of the case at the time, and it also found that the motion under review submitted by way of a motion for correction of a judgment on Form UNDT/F.8E rev. 1 of July 2011 was receivable. The Tribunal considered whether, since the Applicant was requesting para. 13 of Order 276 be modified to include a subsequent occurrence, a revision was warranted under art. 29 of the Dispute...
Considering that in the circumstances of the case it is in the interest of all parties that the present matter be disposed of as soon as possible, the Tribunal deemed appropriate to rule on the application for revision by summary judgment, in accordance with art. 9 of its Rules of Procedure, without waiting for the Applicant’s reply.; An application for revision is not possible when the judgment in question is subject to appeal; the appropriate avenue for a party to adduce new facts during this period is through appellate proceedings.; Since the judgment was not executable, the UNDT found not...