51�Թ�

Article 8.3 of the Dispute Tribunal’s Statute stipulates that the Tribunal may decide in writing, upon written request by the Applicant, to suspend or waive the deadlines for a limited period of time, and only in exceptional cases. Article 7.5 of the Dispute Tribunal’s Rules of Procedure also provides that, in exceptional cases, an applicant may submit a written request to the Tribunal seeking suspension, waiver or extension of the time limits for filing an application. Any such request shall succinctly set out the exceptional circumstances that, in the view of the applicant, justify the request. Article 19.1 of the UNDT Rules of Procedure provides that the Tribunal may at any time, either on an application of a party or on its own initiative, issue any order or give any direction which appears to a judge to be appropriate for the fair and expeditious disposal of the case and to do justice to the parties. If an Applicant requests a suspension, waiver or extension of the time limits, the Applicant bears the burden of establishing “that the circumstances responsible for the delay were "exceptional". “Exceptional” means other than, or out of, the ordinary, or unusual. The circumstances are “the exception rather than the rule” as it is sometimes expressed. The interests of justice are the paramount factor in the exercise of this discretion and that involves a balancing of the rights and interests of the parties. Considerations of whether either will be prejudiced by the grant or refusal of an order, and if so theextent and effect of such prejudice, will be a relevant consideration. So too is the length of any delay relevant, and where the responsibility for the delay lies.