UNDT/2016/024, Kisia
UNDT’s review of OLA’s letter. The Tribunal found that OLA’s letter of 11 August 2015 is not an administrative decision in the form of a settlement provided by the Administration based on OLA’s preliminary review of the Applicant’s claim for gross negligence pursuant to art. 3 of ST/SGB/230 or in a form of an offer to submit the claim to arbitration pursuant to art. 6 from ST/SGB/230. Even if OLA’s letter of 11 August 2015 were to be considered, as submitted by the Applicant, as a response to his “notice of arbitration”, the Tribunal would have no competence to review it. As clearly results from arts. 3.1, 3.2, 3.5, and art. 4.5 of the UNCITRAL Arbitration Rules, any notice of arbitration must (“shall”) be finally resolved by the arbitral tribunal and a response to the notice of arbitration is part of the procedure before such a tribunal. The Tribunal found that the contested letter was not an administrative decision which could be subject to a legal review before the Dispute Tribunal and that the application was not receivable ratione materiae.
The Applicant, a former Security Officer in DSS, contested the content of a letter from OLA by which he submitted that OLA had refused his request for arbitration regarding his claims for damages in connection with his car colliding with a security barrier at UNHQ, New York.
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