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War Reparations and the UN Compensation CommissionDesigning Compensation After Conflict$
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Timothy J. Feighery, Christopher S. Gibson, and Trevor M. Rajah

Print publication date: 2015

Print ISBN-13: 9780199389735

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780199389735.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 October 2021

Corporate/Business Claims

Corporate/Business Claims

Claims of Kuwaiti Corporations

Chapter 9 Corporate/Business Claims
War Reparations and the UN Compensation Commission

Michael J. Mucchetti

Oxford University Press

The most widespread and complete destruction resulting from Iraq’s 1990 invasion and occupation of Kuwait occurred in Kuwait itself. The completeness of the destruction made the massing of evidence to support claims difficult if not impossible, and presented fundamental fairness and due process issues for the panels of Commissioners charged with examining these claims. This chapter discusses the unique, impartial, and efficient application of mass claims techniques to this group of claims, and the innovative claims-processing procedures, largely by drawing on prior decisions of international legal tribunals and international accounting principles, that were employed by the panels of Commissioners to resolve these claims.

Keywords:   mitigation, proof of loss, post profits, compensability, fact of loss, valuation, risk of overstatement, materiality, adjustments

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