review of non overlapping claims in the FOURTHsecond group of overlapping claims

development of the FOURTHsecond group of overlapping claims

CRITERIA for determining the existence of overlapping claims

review of the FOURTH group of overlapping claims

The present report sets out the Panel's recommendations for a fourthsecond group of overlapping claims from resolved E4 instalments (the fourthsecond group of overlapping claims ).

The fourthsecond group of overlapping claims initially consisted of E4 claims related to 39seven category C claims and 24 category C and D claims.

The Panel reviewed the potentially overlapping claims in the fourthsecond group of overlapping claims as and when the information provided by the claimants permitted an initial determination to be made on the existence of overlap.

Overlapping claims relate to claims by both the shareholder and the corporate entity for losses pertaining to the same corporate business.

By contrast, in one set of potentially overlapping claims, the Panel reached the conclusion that the claims were overlapping, despite the individual claimant's assertion that his claim was mistakenly filed in the name of the E4 claimant.

In addition, the searches identified 287 E4 claims in the remaining E4 instalments as potentially overlapping with 168 claims in category C and 203 claims in category D .

Subsequent groups of overlapping claims were identified and reviewed in the Second special report and recommendations made by the E4' and E4A' Panels of Commissioners concerning overlapping claims (S AC.26 2003 24) (the Second Special Overlap Report ) and the Third special report and recommendations made by the merged E4' Panel of Commissioners concerning overlapping claims (S AC.26 2004 13) (the Third Special Overlap Report ).

SECOND FOURTH SPECIAL REPORT AND RECOMMENDATIONS MADE BY THE MERGED E4 PANEL OF COMMISSIONERS CONCERNING OVERLAPPING CLAIMS

Therefore, before undertaking any review of the claims in the fourthsecond group of overlapping claims, and as stated in the preamble to decision 123, the Panel directed the secretariat to solicit additional information from the claimants in order to identify the extent and nature of the overlapping claims ( claim development ).

The searches identified 104 E4 claims with approved awards of compensation in the first seven instalments as potentially overlapping with 61 claims in category C and 70 claims in category D .

The Panel applied the approach to verification and valuation of overlapping claims that is set out paragraphs 38 42 of the Special report and recommendations made by the E4' and E4A' Panels of Commissioners concerning overlapping claims (S AC.26 2002 28).

In re examining these claims, the Panel notes the approach to the reconsideration of overlapping claims set out in paragraph 16 of the Special Overlap Report.

The application of decision 123 to a group of claims in the first seven instalments of E4 claims that had been identified as potentially overlapping with claims submitted by individuals in category C and or D is described in the Special report and recommendations made by the E4' and E4A' Panels of Commissioners concerning overlapping claims (S AC.26 2002 28) (the Special Overlap Report ).

In twofive of the individual claims identified as potentially overlapping with E4 claims, the Panel considers that the claim wass were not overlapping as the individual claimant was weres claiming losses that were related to the E4 claimant companies but were not overlapping losses (for example, where the individual claimant is seeking compensation for a loss of salary or management fee from the E4 claimant).

The overlapping claim is addressed in paragraph 164 and the 19 category C Palestinian late claims at paragraphs 165 170 below.

The majority of the claims in the fourthsecond group of overlapping claims were filed by an E4 claimant and an individual claimant who was a shareholder of the E4 claimant company.

Revised recommended awards for the fourthsecond group of overlapping claims second instalment reported by UNSEQ and UNCC claim number and claimant name 13

Revised recommended awards for the fourthsecond group of overlapping claims sixth instalment reported by UNSEQ and UNCC claim number and claimant name 19

Revised recommended awards for the fourthsecond group of overlapping claims tenth instalment reported by UNSEQ and UNCC claim number and claimant name 21

Revised recommended awards for the fourthsecond group of overlapping claims eighteenth instalment reported by UNSEQ and UNCC claim number and claimant name 23

The approach to verification and valuation of overlapping claims is set out in detail at paragraphs 38 42 of the Special Overlap Report.

Overlapping claim

The Panel applied the criteria for determining the existence of overlapping claims as set out in paragraphs 25 31 of the Special Overlap Report.

For example, cross checks and electronic and manual matching have been conducted in order to identify duplicate or overlapping or competing claims as mentioned above.

The Panel instructed the secretariat to sever and transfer such corporate losses for processing as stand alone or overlapping claims in accordance with decision 123.

The E4 claims in the fourth group of overlapping claims had already been reviewed by either the E4 Panel or the E4A Panel, whose recommendations had been approved by the Governing Council, and awards of compensation have been paid in respect of these claims.

The Panel was mindful that the E4 claims in the second fourth group of overlapping claims had already been awarded compensation, and therefore gave priority to identifying those cases in which there was no actual overlap.

Duplication of claim awards In its review of the overlapping claims included in the Third special report and recommendations made by the merged E4' Panel of Commissioners concerning overlapping claims (S AC.26 2004 13), which recommendations were approved by the Governing Council in decision 231 (S AC.26 Dec.231(2004)), the secretariat identified two claims (one category C claim and one subcategory E4 claim) filed by two Governments for the same loss.

It was acknowledged that the Commission, like the International Court of Justice in the Barcelona Traction case, had the overall objective of avoiding situations of overlapping claims.

Overlapping Voices Personality synthesis.

Nevertheless, unresolved and overlapping maritime and territorial claims remain ASEAN s biggest challenge. We believe that maritime cooperation between ASEAN and major powers including China would benefit all countries.

The Panel reviewed the overlapping claims together to determine which of the losses claimed by the category C claimant should be consolidated with the E4 claim for review.

Notwithstanding the prior status of the awards as final, the Panel was required to re examine such E4 claims with reference to the potentially overlapping category C and category D claims, as a consequence of the direction contained in decision 123.

Four individual claimants that were identified as overlapping with four E4 claimants assert new or greater losses in respect of E4 claims and have provided evidence that reduced the risk of overstatement arising from evidentiary shortcomings in the E4 claims.

These claims were reported in the Report and recommendations made by the Panel of Commissioners concerning the thirtieth instalment of E4' claims (S AC.26 2005 4) and the Fourth special report and recommendations made by the merged E4' Panel of Commissioners concerning overlapping claims (S AC.26 2005 5).

Based on the foregoing, the adjusted awards recommended by the Panel for claimants in the fourth group of overlapping claims are set out in annexes I to IV below.

ac These are category C claims for which the substantive processing has been deferred pending the verification of the C8 business losses for stand alone, competing and overlapping issues.

There are xx category C claims for which the substantive processing has been deferred pending the verification of the C8 business losses for stand alone, competing and overlapping issues.

The E4 Panels have previously considered this type of loss in the context of stand alone claims in paragraph 80 of the Instalment Twenty Three (A) Report, and in the context of overlapping claims in paragraph 40 of the Special Overlap Report.

The Council also noted that it would be necessary for the draft regulations to include appropriate provisions consistent with the Convention and the Agreement for the resolution of overlapping claims.

Horn Blowing Voices Overlapping Horn Blowing