Contractual arrangements

B. Contractual arrangements

Contractual terms

Contractual limitations on assignments

Contractual services 4 376.3

Certainty was important in contractual relationships.

(b) Contractual services 4 376 300

(b) Contractual services, by 6.4 million dollars

Contractual services (increase 1,530,100)

(g) Other contractual services 2,000.

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

Scope of application and Freedom of contract (draft articles 1, 2, 88 and 89)

This has enabled a reduction in contractual services and travel to be made.

It follows that the use of force should not be recognized as a general solvent of treaty obligations.

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

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

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.

It also includes the cost of outside commercial repairs and contractual maintenance ( 12,700).

Thus, it is recommended that the following costs, associated with contractual services, be separated from other operational expenses

The United States would not object to revising article 75(c) to cover contractual ports.

Claims and Survey Unit

The total losses alleged in the instalment therefore are USD 35,972,592.

Where a claimant claims in a currency other than Kuwaiti dinars, the Panel values the claim in Kuwaiti dinars using the appropriate exchange rate.

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 ).

Valuation of secured claims

Mr. D'Allaire (Canada) said that party autonomy was a key principle in contractual dealings.

Only unreasonable claims may be refused, but the state will bear the burden of proving unreasonableness.

Claim preparers often attended interviews with claimants and frequently acted as interpreters.

Draft article 15 Category of claims

These claims are discussed below.

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

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.

Details of the claims or parts of claims that were deferred from previous F4 instalments or transferred from other claims categories are discussed in the relevant sections of this report.