Summary of Court Decision Regarding the ICSD Extraordinary Congress and Election
Date of Decision: 2 June 2022
On 30 November 2021, following the election of Executive Board members at the ICSD’s Extraordinary Congress held on 28 and 29 November 2021, Rebecca Adams and Marijo Lusic filed lawsuits in the District Court of Lausanne. They claimed that the election was convened irregularly and in violation of the law. The applicants argued that Dmitry Rebrov, the ICSD Secretariat, improperly called the Extraordinary Congress as he was not a member of the Executive Board and had been suspended from his duties in September 2020. They also contended that any decisions made at the Congress, including the election of the new Executive Board, were invalid.
The applicants requested provisional measures from the Commercial Register of the Canton of Vaud to block ICSD from applying for any registration or modification related to the ICSD until their alleged rights were resolved. On 1 December 2021, the Court granted this request.
However, on 2 June 2022, after a hearing on 28 January 2022, the Court denied the applicants’ request for provisional measures. The Court made several key findings:
- The 47th Ordinary General Assembly in Verceia, Italy, and its election were valid.
- The new Executive Board’s approval of Gustavo Perazzolo’s candidacy for Vice-President for the 2019-2021 term was valid.
- Kang Chen’s resignation as President in 2020 due to health issues was acknowledged.
- The announcement and agenda for the 48th Extraordinary Congress on 28 and 29 November 2021, which included "ICSD Governance," were properly made by the Secretariat on 21 September 2021.
- The addition of "Election" to the agenda and the election of the new Executive Board at the November 2021 Extraordinary Congress did not violate the ICSD Constitution and By-Laws.
The Court concluded that the applicants did not demonstrate an imminent danger threatening their rights that would justify provisional measures. Consequently, the Court rejected the application for provisional measures and ordered the applicants to pay court costs of 2000 francs.
This summary serves to inform the public and members of the ICSD about the Court's decision and its implications for the governance of the ICSD.