review of non overlapping claims in the FOURTHsecond 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 ).

development of the FOURTHsecond group of overlapping claims

review of the FOURTH group of overlapping claims

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

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 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.

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).

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

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.

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.

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

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

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.

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).

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 preamble to decision 123 requires the secretariat of the Commission to request information from claimants in categories C and D and subcategory E4 in order to identify the extent and nature of overlapping claims.

Overlapping claim

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. The claimed amount in the annexes have been rounded to the nearest Kuwaiti dinar and therefore the amounts may vary from the amount stated on Form E by KWD 1.

For the reasons set out in paragraphs 34 37 of the Special Overlap Report and in paragraphs 22 25 below, the Panel considers that, although these claims appeared upon initial review to have some indicia of an overlap relationship, there was no actual overlap between the losses asserted in those claims.

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

So, let's take control of this nightmare implement a gas tax immediately transition across the nation to road tolling with this wireless mesh require that the mesh be open to all, with open standards and, of course, use mesh networks.

The claim preparers were often listed as the contact persons in the claim files and some claim files included attestations from the claim preparers opining on the merits of the claim.

Claims

A consequence of this is that BETA supports nested classes.

Cut up the DNA, you sequence individual pieces, and then you look for overlaps, and you basically match them at the edges. And I said, This is kind of like a jigsaw puzzle, except the pieces overlap.

The Panel also notes that this type of false positive match is a risk inherent in conducting computer matching programmes used to identify potentially overlapping claims (see paragraph 6 of the Special Overlap Report), a risk that is compounded by the transliteration of Arabic names into English.

Again, all mesh enabled. Monthly communication cost zero.

The result is an inefficient and confusing amalgam of overlapping mandates.

For these claims, the electronic information existing in the database was compared to the paper claim forms submitted by the claimants.

In such an instance, the Panel has valued the company losses as a whole and, in this respect, confirms the application to the stand alone claims of paragraphs 39, 41 and 42 of the Special Overlap Report relating to the consolidation of losses from several claims for the loss of one company.

Some claimants indicated that they engaged a claim preparer after seeing advertisements placed in Kuwaiti newspapers offering assistance with the filing of Palestinian late claims .

(e) Medical claims

In particular, the Panel considered that it was appropriate to propose, as needed, adjustments to such awards in the light of new information and evidence presented.

Duplicate claims

Category C corrections Recommendations for corrections to category C claims are those arising from confirmed duplicate claims, discrepancies between the electronic and paper claim formats, and multiple recovery based on the duplication of claim awards.

Stand alone claims

A similar exercise was conducted with respect to category C for the purpose of identifying duplicate claims during claims processing.

Concerning the issue of duplicate claims, the secretariat indicated that it was aware of the risk of duplicate claims from the outset of claims processing and took steps to identify and eliminate such claims during the course of claims processing.

In connection with the claims by governments for loss of life and reduced quality of life of their nationals, Iraq asserts that the claims are inadmissible because the Claimants concerned lack legal standing to bring such claims before the Commission.

The Panel notes that common traits displayed by these claim preparers include their command of the English language and familiarity with the Commission's claim development procedures and jurisprudence from the regular claims programme.

The secretariat has also used these electronic searches for duplicate claims in the Palestinian late claims programme, the Bedouin programme and the category A and C late claims programme.

First F4 instalment, claim Nos. 5000363, 5000408 and 5000409.