TOOL KIT FOR SELF-REPRESENTED LITIGANTS APPEARING
BEFORE THE UNITED NATIONS APPEALS TRIBUNAL (UNAT)
INTRODUCTION
This is a tool kit on when and how you file appeals and other submissions before the United Nations Appeals Tribunal (UNAT) and what to do during the proceedings. If you decide to represent yourself before the UNAT, this tool kit may help you prepare and manage your case. You should be aware that the tool kit does not cover every procedural aspect, possible situation or legal issue that may arise during your case. You should therefore not rely on the tool kit as legal advice or authority—the information is only meant to assist you with navigating the judicial process and, when pleading your case to the UNAT, you should always refer to their Statutes, Rules of Procedure and Practice Directions and not the tool kit. Also, you should carefully consider the potential benefits of legal representation. If you have any practical questions, please do not hesitate to contact any of the Registries.
This toolkit is available as an interactive video
Please give us on this self-represented tool kit.
| Basic information | Get oriented! | Resource |
| The UNAT website and key documents | Explore the UNAT website and key documents before filing a submission before UNAT. |
| Consider seeking representation | If you were previously self-represented before UNDT you may still seek representation at the appellate level. If you are filing an appeal, you are the “Appellant” and if you are responding to the appeal you are a “Respondent”. Whether an Appellant or Respondent, a staff member may request OSLA/UNRWA LOSA assistance before UNAT. You may also seek representation from a current or former United Nations Staff Member, or from private counsel (at your own expense). |
| Is UNAT able to hear your appeal? | Before UNAT, either party may file an appeal, not only staff members | Resource |
| What may be appealed? | An individual, agency, entity or organization filing an appeal before UNAT is considered the “Appellant.” The party responding to the appeal is the “Respondent”. Confirm the decision may be appealed to UNAT. The following decisions may be appealed:
|
|
| Who can file an appeal? | An individual, agency, entity or organization filing an appeal before the UN Appeals Tribunal (UNAT) is considered the “Appellant.” Appeals may be filed by:
|
|
| How and when to file a Cross-Appeal and an Answer to a Cross-Appeal | When an appeal has been filed by one of the parties before UNAT within the 60-day time limit to appeal, the party answering the appeal (respondent) may file a cross-appeal on the same claims within 60 calendar days of notification of the appeal. The cross-appeal must be accompanied by a brief stating the relief sought and the grounds of the cross-appeal. The cross-appeal may not add new claims. The appeal and cross-appeal are disposed of in the same judgment. A cross-appeal is different from a situation where both parties appeal the same judgment within the same 60-day time limit. |
|
| Time limits (extensions) | Calculate your time limits to file an appeal and/or respond to an appeal or file or respond to a Cross-Appeal. You may request a suspension, waiver, or extension of time limits, using the correct forms and the electronic filing system explained below. | |
| Preparing Your Submissions | Before UNAT, your role depends on what you are requesting, and what the other party is requesting – you could have several roles | Resources |
|
An individual, agency, entity or organization filing an appeal before UNAT is considered the “Appellant.” The party responding to the Appeal is the “Respondent”. It is possible that you may be both an Appellant and a Respondent, for example, if you are responding to an Appeal (Respondent) and have filed a Cross- Appeal (Appellant). | |
| Use the correct forms | Do you have the correct form?
|
|
| Set forth Grounds for Appeal | Appeals are not a second chance to reargue your case. You must set forth an appealable ground. UNAT’s jurisdiction is limited and will consider whether there is a discernible error in the judgment, decision or order under appeal. Craft your arguments using: UNAT Statute, UNAT Rules of Procedure, UN Staff Rules and Regs, HR Handbook, Jurisprudence (See OAJ Digest here). For appeals against UNDT AND UNRWA DT judgments: The content of an appeal must be strictly based on one or more “appealable grounds” which are set forth in Art. 2(1) of the UNAT Statute. Appeals must therefore assert that in rendering its judgment or order, the UNDT or UNRWA DT has:
|
|
| Request Relief | Put your request for relief in the Appeal/Answer or Cross-Appeal/Answer to Cross-Appeal. UNAT may order relief in accordance with Art. 9 of its Statute. | |
| Frivolous appeals - Costs |
Pursuant to Art. 9(2) of the UNAT Statute, where UNAT determines that a party has manifestly abused the appeals process, UNAT may award costs against that party. | |
| File Electronically | Take these steps | Resources |
| Create an E-Filing account | You will need an e-filing account to the UNAT e-filing system. An online form allows you to create and activate your account. If you previously used the UNDT e-filing system, the same account can be used to file documents in a UNAT case. For support issues, contact: ccms-support@un.org | |
| E-file your submission | Login to the e-filing and submit the files you prepared. After filing an appeal, verify that you received the email confirming receipt of your filing. | |
| Support available | User guides are available on the website. For any technical issues with e-filing, contact: ccms-support@un.org |
ccms-support@un.org |
| The Judicial Process | Once the ball is rolling … | Resources |
| Know what to do after you file your Appeal/Answer to Appeal, Cross-Appeal/ and Answer to Cross-Appeal | UNAT will assign a case # and inform you by letter when your case has been scheduled to be considered during an appeals session. | From filing to judgment |
| Urgent Motions | A motion for “interim measures” may be filed at any time including before an appeal is filed, seeking temporary relief. Per Art. 9(4) of the UNAT Statute, UNAT may grant such a motion to provide temporary relief to either party to prevent irreparable harm. | |
| Procedural Motions | Additional Pleadings Motion: parties may not file additional arguments after their appeal/answer, cross-appeal/answer to cross-appeal, without filing a motion to seek permission from UNAT using the correct form. Withdrawal Motion: Parties may withdraw their appeal also by way of motion using the correct form. Motion for recusal of Judge(s): Per Art. 23 of UNAT’s Rules of Procedure a party may request the recusal of a judge for conflict of interest. Motion for Summary Judgment: parties per Art. 19(2) of UNAT’s Rules of Procedure may file a summary judgment motion when there is no material dispute of facts seeking judgment as a matter of law. Extension, Suspension, Waiver of Time limits: As noted above, you may request UNAT grant you an extension of time to file a submission by submitting a motion. Ensure you have the correct motion form. Oral Hearing: if you have requested an oral hearing before UNAT in your filings, you will be informed whether your request has been granted prior to the session for which your case has been assigned. Granted oral hearings will be held during the session. | |
| The judgment | How is the judgment delivered? | Resources |
| Oral Pronouncement | Judges orally pronounce the outcome of cases on the last day of that session. If at the session’s location, you can be in the courtroom. This is also streamed live on UN WEB TV? | From filing to judgment |
| Obtain your judgment | The signed published judgment is issued on the website of the internal justice system about 6 to 8 weeks after the pronouncement. | Judgments and orders |
| Conducting yourself before UNAT | Tribunals work on the basis of formal procedures out- and inside the courtroom | Resources |
| Hearing and conduct | If you requested an oral hearing and will appear before UNAT, know the conduct and dress code expected of you. If you are represented, your representation must also be aware of the conduct that is expected. | |
| Codes of Conduct | Code of conduct for legal representatives and litigants in person:
Code of conduct for legal representatives and litigants in person, as adopted by the General Assembly, under resolution A/RES/71/266
Code of conduct for judges and complaints mechanism:
Code of conduct, as adopted by the General Assembly, under resolution A/RES/66/106 Complaints mechanism, as adopted by the General Assembly, under resolution A/RES/70/112 |
Conduct |
| Issues with the judgment? | Review the judgment | Resources |
| UNAT judgments are final, but … | The judgment rendered by UNAT is final and not appealable.? However, you may assess whether your judgment needs Revision, Interpretation, Execution, Correction. To request UNAT take one of these actions you must file an application using the correct form within the specified time limits. | |
| Revision | Revision of UNAT judgment: Art. 24 of UNAT’s Rules of Procedure (provides that either party may file an application for a revision of a UNAT judgment based on the discovery of a new fact which at the time the judgment was rendered was unknown to UNAT and to the party applying for revision, provided that such ignorance was not due to negligence. The application must be filed within 30 calendar days of the discovery of the new fact and within one year of the date of the judgment. The application for revision is served upon the other party who has 30 calendar days to submit comments. | |
| Interpretation | Art. 25 of UNAT’s Rules of Procedure provides that either party may file an application for interpretation of the meaning or the scope of the UNAT judgment. The other party has 30 calendar days to submit comments. | |
| Correction | Art. 26 of UNAT’s Rules of Procedure provides that either party may file an application for correction of a UNAT judgment. Clerical or arithmetical mistakes, or errors arising from any accidental slip or omission, may at any time be corrected by UNAT, either on its own initiative or on the application by any of the parties. | |
| Execution | Art. 27 of UNAT’s Rules of Procedure provides that where a judgment requires execution within a certain period of time and such execution has not been carried out, either party may apply to UNAT for an order for execution of judgment. For more information on the calculation of time limits and requests for waiver, extension or suspension of time limits, see Time Limits. |
Please provide your on this toolkit.
