Ch.2 The Legal Nature of the Claims Process

Subject(s):

Claims — Arbitration — Conciliation — Mediation — UNCITRAL Arbitration Rules — Stare decisis — New York Convention on Enforcement of Judgments — Arbitral tribunals — Recognition and enforcement — NGOs (Non-Governmental Organizations)

This chapter discusses the legal nature of the claims process. Topics covered include the type of process; exclusivity of process; how substantive law, if any, is applied and whether procedural law at the place where the claims process is located applies; whether decisions made in the claims process are final and binding; whether decisions rendered in the claims process require approval of another body before becoming effective; whether there are any aspects of claims as to which decision-makers are mandated to follow and apply decisions by another body; and how decisions in the claims process are enforced. An Editors’ Commentary and separate Annotations show how each of these Mass Claims Processes has handled the matter.