CSAT/3(No.3)

THE ARBITRAL TRIBUNAL OF THE COMMONWEALTH SECRETARIAT

In the matter of

SELINA MOHSIN

Applicant

and

THE COMMONWEALTH SECRETARIAT

Respondent

ORDER DATED 9 NOVEMBER 01

SELINA MOHSIN -V- COMMONWEALTH SECRETRIAT ORDER-9^TH November 01.

The Applicant by a letter dated 3^rd October claims the following relief:

1. that Ms Weekes judgment/award be set aside and that you pay our clients cost of and incidental to the hearing itself on an indemnity· basis.

2. That new Rules are made which are ECHR compliant.

3. A new Tribunal be composed ( if necessary by appropriate amendments to the rules that are ECHR compliant) comprising of one member appointed by our client, one member appointed by the Secretary General and another appointed by the two judges themselves.

4. That independent Secretarial machinery be set up with appropriate resources that is not staffed by Commonwealth Secretariat staff.

As both parties are aware the Tribunal granted an extension of time which was also a request contained in the said letter.

In respect to 1 above the Tribunal do not and cannot set aside its judgment in this matter. The Applicant is familiar with the Statute of the Arbitral Tribunal particularly Article 1X paragraph 2, which states

The judgment of the Tribunal shall be final and binding on the parties and shall not be subject to appeal,

Request under 2, 3 and 4 are all matters outside of the jurisdiction of the Tribunal. Therefore no order can be made. A copy of this letter has been sent to the President. He will no doubt give consideration to the content of the said letter.

In a further letter dated 23 rd October the Applicant seeks to adduce further evidence pursuant to Article X 1 and Rule 23.

This application is rejected.

ANESTA WEEKES QC