Ch.5 Procedures for Conducting the Claims Process

Subject(s):

Claims — Arbitration — UNCITRAL Arbitration Rules — Hearings — Costs and expenses — Since World War II — Internet — Ex aequo et bono jurisdiction — Property — Appeals — Amicus curiae

This chapter discusses claims process procedures. Topics covered include whether an existing set of recognized procedural rules is incorporated by reference and, where there is such incorporation, what changes, if any, are made to reflect the particular circumstances of the claims process; whether the constituting instruments or procedural rules include special provisions with respect to evidence and standards of proof; whether the constituting instruments or procedural rules include special provisions with respect to the language(s) of the claims process, and, if applicable, how translation and interpretation services are provided; whether the constituting instruments or procedural rules include special provisions with respect to oral hearings or decisions based on documents only; the extent to which various procedures are conducted by means other than in-person proceedings; and the use of special mass claims processing methodologies. An Editors’ Commentary and separate Annotations show how each of these Mass Claims Processes has handled the matter.