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.

Table 3 identifies the country concerned, the instalments to be adjusted, the number of claims affected, and the net effect of the adjustments.

The E4 population consists of claims submitted by, or on behalf of, Kuwaiti private sector corporations and entities, other than oil sector and environmental claimants, eligible to file claims under the Commission's Claim Forms for Corporations and Other Entities .

Based on its review of the documents submitted, including documents and clarifications received in response to procedural orders, the Panel concluded that the issues presented by the claims in this instalment had been adequately developed and that oral proceedings were not required.

The Governing Council considered that decision 12 is stated to apply only to claims of individuals and does not allow for the extension of the filing period for company claims.

Second F4 report, paragraph 25 Third F4 report, paragraph 38 Fourth F4 report, part one, paragraph 39.

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.

Claims Survey Officer (FS 5)

CRITERIA for determining the existence of overlapping claims

The Panel recommends no award of compensation for three claims.

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.

That the authors' claims were joined with the claims of another set of individuals before the domestic courts does not obviate or change the interpretation of the Optional Protocol.

There have been many claims of human rights abuses.

Other claims with this loss type relate to loss of cash.

Summary of recommended awards in the fifth F4 instalment COMPLETION OF THE REVIEW OF F4 CLAIMS This report completes the work of the Panel.

A preliminary examination of these claims also revealed that in some instances the Kuwaiti companies in question had filed separate claims with the Commission, which were being processed as E4 claims. However, there were a number of instances where the Kuwaiti company had not filed a separate claim with the Commission.

Assistant Claims Survey Officer (FS 5 2)

Accessibility of restitution claims procedures

An additional three claims were returned to the D Panels for technical reasons.

REVIEW OF THE FIFTH INSTALMENT OF F4 CLAIMS Article 36 of the Rules Article 36 of the Rules provides that a panel of Commissioners may (a) in unusually large or complex cases, request further written submissions and invite individuals, corporations or other entities, Governments or international organizations to present their views in oral proceedings and (b) request additional information from any other source, including expert advice, as necessary .

Third F4 report, paragraphs 42 43 Fourth F4 report, part one, paragraphs 43 44.

CLAIMS OF THE ISLAMIC REPUBLIC OF IRAN Overview In the fifth F4 instalment, the Panel reviewed five claims submitted by Iran for compensation for damage resulting from Iraq's invasion and occupation of Kuwait.

Summary of recommended awards for the claims of Saudi Arabia Claims of the Syrian Arab Republic Overview In the fifth F4 instalment, the Panel reviewed three claims submitted by Syria for damage resulting from Iraq's invasion and occupation of Kuwait.

States should not establish any preconditions for filing a restitution claim.

Table 5 identifies the country concerned, the instalment to be adjusted, the number of claims affected, and the net effect of the adjustment.

Based on the above corrections, the revised category C claim total recommended awards by instalment are as follows

Recommended corrected total awards for category C claims

Based on the above corrections, the revised category D claim total recommended awards by instalment are as follows

With respect to business loss claims, the analysis is more complex.

TECHNICAL ANNEXES TO THE FIFTH F4 INSTALMENT REPORT

Third F4 report, paragraph 32.

Third F4 report, paragraph 47.

Fourth F4 report, part one, paragraph 50.

See third F4 report, paragraph 25.

Third F4 report, paragraph 33.

Third F4 report, paragraph 34.

Third F4 report, paragraph 35.

Second F4 report, paragraph 22.

First F4 report, paragraph 32.

First F4 report, paragraph 63.

Second F4 report, paragraph 79.

Fourth F4 instalment, claim No. 5000457.

Fourth F4 instalment, claim No. 5000153.

Four additional stand alone claims were added to the thirtieth instalment in Procedural Order No. 2, having been identified as stand alone claims after the Panel signed its Procedural Order No. 1.

As the D1 Panel is not mandated to review claims of corporate entities, these losses were severed from the category D claims, and transferred to category E4 .