Pursuant to Article 12 of the ITER Agreement and the principle of immunity of jurisdiction, the ITER Organization is exempt from domestic judicial jurisdiction and is therefore is not subject to law suits, claims or enforcement proceedings in domestic tribunals.
ITER Organization rules regarding the settlement of disputes depend on the Parties involved.
Disputes involving the ITER Members
The ITER Agreement requires that disputes among the ITER Members, or between the ITER Members and the ITER Organization, shall be settled by peaceful means such as consultation, mediation or other procedures such as arbitration (Article 25). The ITER Members are free to decide on the form of dispute resolution and to agree on the procedures.
Disputes involving ITER staff members
Staff members of the ITER Organization are international civil servants. Disputes involving ITER Organization staff members are governed by the Administrative Tribunal of the International Labor Organization (ILOAT), whose competence was recognized by the ITER Organization in 2009.
ITER Organization staff members may bring their ITER-related employment disputes before the ILOAT once they have exhausted all the internal procedures available to them under the Staff Regulations.
National tribunals are not competent to adjudicate complaints from ITER Organization staff members.
Disputes involving contractors
The ITER Agreement and its Annexes foresee that all contracts entered into by the ITER Organization include a clause on dispute settlement. This clause stipulates that all disputes must be submitted to Arbitration Courts such as the International Chamber of Commerce (ICC).