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Ch.2 The Legal Nature of the Claims Process

Edited By: Howard M. Holtzmann, Edda Kristjánsdóttir

From: International Mass Claims Processes: Legal and Practical Perspectives

Edited By: Howard M. Holtzmann, Edda Kristjánsdóttir

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 28 January 2022

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.

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