Counterclaims

On 10 September 2001 the arbitral tribunal issued an interim award ( the Award'), in which the applicants' claims were dismissed and the respondents' counterclaims were granted.

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 number of pleadings could also increase as a result of the raising of counterclaims by a respondent or the intervention of a State in a pending case.

When a case is pending before the Court, it is not possible to foresee whether and when incidental proceedings (requests for provisional measures, preliminary objections, counterclaims, requests for intervention) may be instituted.

The average number of loss types is 3.14 for the claims in this instalment, compared with 2.01 for all claims in the regular category D claims programme, 1.93 for Jordanian claims and 1.71 for Kuwaiti claims.

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.

Second instalment category A claims corrections Third instalment category A claims corrections Fourth instalment category A claims corrections Fifth instalment category A claims corrections Sixth instalment category A claims corrections First instalment category C claims corrections Fourth instalment category C claims corrections

Claims and Survey Unit

The average amount claimed for the claims in this instalment is about USD 2 million, compared to about USD 820,000 for all claims, about USD 934,000 for Jordanian claims and about USD 861,000 for Kuwaiti claims in the regular category D claims programme.

Of the 24 company claims in this instalment, 19 are stand alone claims four are corporate detainee claims and one is an E2 claim.

Claims

Aboriginal land claims and agreements

(v) Provision of secretariat services to the Claims Board and the Advisory Board on Compensation Claims.

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.

As a result of the computer programme and manual follow up, 37,850 category A claims were identified as confirmed duplicate claims during the course of claims processing.

As a result, approximately 5,000 duplicate claims were identified and eliminated during the course of claims processing.

Duplicate claims

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 .

UNCC claims Nos. 3012936 and 3012945

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

These E4 claims were considered in the second instalment of E4 claims.

Of these claims, the Panel recommends awards of compensation for two claims, while no awards are recommended for the remaining 16 claims.

The Panel reviewed approximately 160 D4 (personal property) claims and 70 D4 (motor vehicles) claims in this instalment.

As stated above, the eligible category D Palestinian late claims have a higher incidence of loss types and higher amounts claimed than claims in the regular category D claims programme, giving rise to a potential risk of overstatement of the claims.

Admissibility of claims

(e) Medical claims

Stand alone 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 .

Consider the claims of inefficiency and waste.

These claims have been recognized only between the countries making claims in the area.

The process claims were allowed by the Patent Examiner, while the product claims disallowed.

As stated above, the eligible category D Palestinian late claims have a higher number of loss types per claim and substantially higher amounts claimed than claims in the regular category D claims programme.

The fifth F4 instalment includes a number of claims or parts of claims that were deferred from previous F4 instalments or transferred from other claims categories.

Having concluded that this consolidated claim, in effect consists of 82 claims, comprising 67 managing agent and 15 insurance company claims,

Noting further that 28 such claims have received US 65 million and 16 claims have received 55 million in accordance with decision 100 (S AC.26 Dec.100 (2000) Rev.1), and that 15 claims have received 9.6 million and 26 claims have received 9.5 million in accordance with decision 197 and decision 227,

She claims that L.

Valuation of secured claims

In respect of death and disability compensation, 1,066,000 had been paid as at 31 December 2004 for 23 claims and 7 claims were pending.

This amount is net of USD 162,456.74 relating to withdrawn claims, USD 28,644,101.99 for interest and USD 477,508.68 for claims preparation costs.

This global approach was suited to the specifics of category C claims processing, as category C claims are subject to mass claims processing procedures and are not subject to extensive individual review or claim development.

As the category D Palestinian late claims were not filed until the end of the regular category D work programme, matches between regular and Palestinian category D claims were identified upon review of the latter claims.

Category A corrections higher to lower amounts Family to individual The Government of the Philippines reported that 17 claims originally filed as family claims were in fact individual claims.

Iraq provided comments on all of these claims and the Panel has taken these comments into account in its review of the claims.

RECOMMENDED CORRECTIONS CONCERNING CLAIMS IN CATEGORies A and C