In UNDT Judgment No. 037, Sethia (2010), the Tribunal set out the applicable law in determining whether the time limits imposed by the Statute of the Dispute Tribunal will be waived. In the present case, having considered the applicant’s submissions, the Tribunal finds that they do not satisfy the requirement of “exceptional” in Article 8.3 of the Statute of the Dispute Tribunal. The applicant’s physical presence was not required in the U.S. for her to file her Application.