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Thank you for this clarification. The Tribunal is part of the governance structure of the Bank. If the owners of Nestlé had consultants oblige the CFO to take some action, it would not be wrong to say that “Nestlé” did this.
Sure but consultants are not the same thing as a panel of independents appointed on fixed terms. Presumably there is little the Bank's owners (aka the govts) or the Directors can do to influence the tribunal judges (and that's how we would want it)
Thank you. The owners created the process, they are responsible for the results of that process, and they do act in the Bank’s name.
I don't think so. They are responsible for the design of the process and choosing the panelists. For the panel to be independent it has to be free to make it own decisions free from interference or incentives which can be manipulated.
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