51�Թ�

The UNDT Statute and Rules of Procedure do not allow a Respondent to request for an extension of the time limit to submit a reply. The only available remedy for a Respondent who has not filed a reply in time is to “seek the permission of the Dispute Tribunal” to take part in the proceedings in accordance with article 10.1 of the Rules of Procedure. To have left the Respondent without any other option at all in cases of failure on his part to file a timely response to a claim would have been perceived as denial of fairness and against the equality of arms principle in proceedings before the Tribunal. The Respondent who finds himself outside the time limit for filing a reply should first seek the permission of the Tribunal to take part in the proceedings and to state the reasons why he should be granted such permission. This is so because by putting himself outside the requisite delay he is no longer considered to be part of the proceedings. If the Tribunal grants the Respondent’s motion and authorizes him to be part of the proceedings, the next stage is to determine whether the Respondent should be allowed to file a reply. The application by the Respondent for permission to participate in the; proceedings may also contain a motion for a belated filing of the reply under article 19 of the Rules.