7/25/2019 DFA V NLRB
1/1
DEPT. OF FOREIGN AFFAIRS V NLRB
Facts:On 27 January 1993, private respondent Magnayi filed an
illegal dismissal case against Asian Development
Ban! "#o summonses #ere served, one sent directly to t$e ADB and
t$e ot$er t$roug$ t$e Department of %oreign
Affairs! ADB and t$e D%A notified respondent &a'or Ar'iter
t$at t$e ADB, as #ell as its (resident and Officers, #ere
covered 'y an immunity from legal process e)cept for 'orro#ings,
guaranties or t$e sale of securities pursuant to
Article *+1- and Article ** of t$e Agreement .sta'lis$ing t$e
Asian Development Ban t$e /0$arter/- in relation to
ection * and ection of t$e Agreement Bet#een "$e Ban and "$e
overnment Of "$e ($ilippines 4egarding
"$e Ban5s 6eaduarters t$e /6eaduarters Agreement/-!
"$e &a'or Ar'iter too cogni8ance of t$e complaint on t$e
impression t$at t$e ADB $ad #aived its
diplomatic immunity from suit and, in time, rendered a decision
in favor Magnayi! "$e ADB did not appeal t$e
decision! nstead, on +3 :ovem'er 1993, t$e D%A referred t$e
matter to t$e :&40; in its referral, t$e D%A soug$t a
/formal vacation of t$e void
