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Ch.3 Starting 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: 02 December 2022

Subject(s):
Claims — UNCITRAL Arbitration Rules — New York Convention on Enforcement of Judgments — Remedies and costs — Diplomatic protection — Internet — Refugees — Internally displaced persons

This chapter discusses the start of the claims process. Topics covered include how potential claimants are informed of the existence of the claims process, including the methods and extent of outreach; preparation of claim forms; whether there is a deadline for submitting claims and whether, and by whom, deadlines may be extended in special circumstances; whether there is a procedure for initially screening claims in order to eliminate claims that prima facie do not fall within the jurisdiction of the claims process or clearly lack merit; and whether there is a schedule showing the sequence of activities that need to be accomplished to resolve the claims. An Editors’ Commentary and separate Annotations show how each of these Mass Claims Processes has handled the matter.

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