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.

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

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.

Until recently, the overlapping claims on the 4.6 square kilometers were not a serious issue.

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 .

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

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 .

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 ).

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 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).

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

Overlapping claim

overlapping chatter

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 chatter man

cheers overlapping shouting

overlapping shouting man

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

Overlapping of service contracts

(Audience) overlapping answers (Laughter)

overlapping shouting sirens blaring

haunting music overlapping chatter

Given that the South China Sea disputes stem from overlapping claims to exclusive economic zones, not open ocean, the UN convention is not entirely relevant.

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 Court, in its Judgment, divided the area of the overlapping claims into three zones and drew the delimitation line in each of these zones.

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.

In some instances, there had been a relationship between the company and the individual claimant (for example, an employment relationship), but the businesses claimed were separate and distinct. As a consequence, these claims are not overlapping claims.

You can see them overlapping.

Snap windows only when overlapping

One world, undivided and overlapping.

Intertwined Histories and Overlapping Territories .

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.

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.