determination etc.) and specifies clearly the decisions reached and the reliefs
granted [Rule 68(5) & 69].
(3) Review of Judgements [Article 35 of the Treaty]
x
x
A party may apply to the Court to review its judgment or order [Rule 72].
The application for review should be based on the ground:
- that the party has discovered some new and important matter or
evidence which was not within the party’s knowledge, or could not be
produced, at the time of the judgment or order; or
- of some mistake, fraud or error apparent (i.e. obvious) on the face of
the record [Rule 72(2)].
28. What to do when a party wishes to Appeal the Court’s Judgment
There are several steps to take into account when a party decides to appeal the
Court’s judgment:
(1) Raising Preliminary objections in the Appellate Division
A Respondent who intends to raise a preliminary objection to an appeal must give 7
days’ written notice to the other parties of the grounds of that objection. The notice
is given to the Court 7 days before the scheduling conference and is served on all
Parties to the appeal [Rule 98].
(2) Presentation of arguments in writing
A Party to an appeal need not appear in person or by advocate at the hearing of the
appeal. He may opt to lodge (i.e. file) in the appropriate registry a written statement
of his arguments supporting or opposing the appeal or the cross-appeal, if any.
Moreover, he must before or within 7 days after lodging his statement serve a copy
of it on all the other parties appearing in person or separately represented [Rule
100(1)].
Such statement is accorded the same consideration as is given to oral arguments
made at the hearing [Rule 106(d)].
Every such statement is lodged:x
by an Appellant, within 14 days after lodging his memorandum of appeal;
x
by a Respondent, within 30 days after service on him of the memorandum
and record of appeal [Rule 100(2)].
An appellant who has lodged a statement may, if served with a notice of cross
appeal; lodge a supplementary statement of his arguments opposing the cross
appeal [Rule 100(3)].
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