The Working Group first focused on the question of covering tort receivables.

(e) The tort of passing off

(v) To introduce the concept of claims based on tort from Article 4 of the MLM Convention in paragraph 1 (a) (v) by including in parentheses the words based on tort after physical loss or damage .

On the other hand, a number of concerns were expressed with regard to covering tort receivables.

States with extensive tort reform still suffer all these pathologies.

(f) Defences and remedies under the tort of passing off.

The Court held the wording to be sufficiently broad to include tort claims, thus concluding for the power of the arbitral tribunal to award damages in tort.

In addition, it was observed that a provision giving priority to the first assignee to register, if applied to tort receivables, might impair settlement in which all parties involved in a tort were supposed to participate (this would be particularly so if the registration would operate to establish a priority right even with regard to a future tort receivable).

After discussion, the Working Group confirmed its tentative decision that tort receivables should be covered and requested the Secretariat to reflect that decision by listing tort receivables in the scope provisions, possibly in draft article 2(2), and to prepare any additional provisions that might be necessary to address issues arising in an assignment of tort receivables.

In favour of addressing in the draft Convention the assignment of tort receivables, it was stated that there was a significant practice to assign tort receivables to insurers that was worth covering in the draft Convention.

The first involve an action for tort because the State allows the SGP to exist.

SMJ and Mitsui sued Norsul on the bill of lading, claiming damages in contract or tort, or for breach of duty as bailee.

One concern was that a contractual priority rule based on registration might not be appropriate in resolving the problem of competing rights in tort receivables.

Now for 20 years, tort reformers have been sounding the alarm that lawsuits are out of control.

Looking at the situation today in many jurisdictions, this is something that is regulated by general tort law.

It was noted that that limitation of the tort receivables to be covered in the draft Convention was due to the fact that, in the absence of such a confirmation, a tort receivable arising from an illegal act was of no value for financing purposes.

Yet another concern was that the volume of transactions involving financing on the basis of tort receivables may be so small that it may not be worth covering.

(v) physical loss or damage (based on tort) caused by the operation of the ship other than loss of or damage to cargo, containers and passengers apos effects carried on the ship or

However, the judge found that the claim did not bring into question the CISG since it was put forward in tort.

Another concern was that the draft Convention might run counter to national law, under which tort receivables might not be assignable.

In addition, it was observed that, if the draft Convention were to exclude tort receivables, it would need to draw a distinction between tort and contractual receivables, a task which, in view of the diverging meanings given to those terms in the various legal systems, might not be easy to achieve.

It was noted that, in order to reflect a tentative decision made by the Working Group at its previous session to cover tort receivables (A CN.9 434, paras. 74 and 81), the text of the draft Convention referred in several places to quot the agreement or the court order quot confirming a tort receivable.

Tweaking the law's clearly not good enough, and tort reform, which is a great idea, lowers your cost if you're a businessperson, but it's like a Band Aid on this gaping wound of distrust.

Yet another concern was that the assignment of tort receivables raised a number of complex issues that would need to be addressed by special rules.

In order to protect the Organization from massive tort claims, compensation for any non economic loss, such as pain and suffering, is limited to 100,000.

Anne Marie Burley, The Alien Tort Statute and the Judiciary Act of 1789 A Badge of Honor, 83 American Journal of International Law 461, 488 n.

And the total of direct tort cost in this country is about two percent, which is twice as much as in other countries but, as taxes go, hardly crippling.

According to section 1 of chapter 5 of the Finnish Damages and Tort Liability Act of 1974, damages shall constitute compensation for the personal injury and damage to property.

The respondent also argued before the enforcement court that the arbitral tribunal lacked jurisdiction for the reason that the arbitral award dealt with damages in tort as well as in contract.

As to the language that appeared within square brackets, it was decided that it should be retained in square brackets pending a final decision by the Working Group on the question whether tort receivables should be covered in the draft Convention or not. Article 8.

It was stated that insurers having paid a claim and looking for reimbursement through their insured apos s tort receivable may be prejudiced, if other financiers could obtain priority by way of registration.

As to the language that appeared in paragraph (2) within square brackets, it was agreed that it should be retained within square brackets pending a final decision of the Working Group on the question whether tort receivables should be covered in the draft Convention or not.

It was pointed out that, in its present formulation, paragraph (4) was inconsistent with the scope of the draft Convention which covered practices beyond those described in paragraph (4) (e.g., the assignment of tort receivables).

Indeed, even the contributions to the Fund should have reflected the past damage by the developed countries over the course of a century of carbon emissions an obligation based on the well established tort principle that the US has accepted for domestic pollution. But here, too, the US has rejected the idea outright.

As for the second set of bracketed language, the Working Group decided that it should be retained within square brackets, pending final determination by the Working Group of the question whether tort receivables should be covered by the draft Convention or not.

(ee) Proceeds means whatever is received in respect of encumbered assets, including what is received as a result of sale, lease or other disposition or collection, civil and natural fruits, dividends, distributions, insurance proceeds and claims arising from damage or loss, and tort or warranty claims.

The second claim was that externalities were relatively small, or at least that they were better dealt with via contract and tort law than through government regulation, because the disadvantages of government regulation outweighed the harm done by those externalities that the legal system could not properly address. Here, too, reality does not seem to have endorsed Free to Choose.

As far back as 1794, the United States Attorney General concluded that an American led ransacking by a French privateer fleet of the British colony of Sierra Leone violated the Treaty of Amity with Britain, and that the victims thus had a civil remedy against the American leader under the Alien Tort Claims Act, a domestic statute providing jurisdiction for violations of the laws of nations. Opinions during the Second World War, on the other hand, are conflicting.

Objections were raised to the inclusion of provisions making the certification authority strictly liable. It was stated that strict liability was a deviation from the general principle of tort law whereby a person was liable for his or her own negligence and, as such, was accepted in national law for exceptional reasons of public interest, such as certain strict liability regimes of persons conducting unreasonably hazardous activities.

As to the objection raised by the respondent that some of the issues were non arbitrable, including an allegation of conspiracy to harm all the plaintiffs, the Court observed that the New York Convention and the International Commercial Arbitration Act covered both contractual and non contractual commercial relationships, and that liability in tort was an arbitrable matter, provided that the relationship that created that liability was of a commercial nature.

Come on! On! On!

On and on and on.

Come on, come on, come on.

Come on, come on, come on.

Go on, go on, go on.