The Court held the wording to be sufficiently broad to include tort claims, thus concluding for the power of the arbitral tribunal to award damages in tort.

(v) To introduce the concept of claims based on tort from Article 4 of the MLM Convention in paragraph 1 (a) (v) by including in parentheses the words based on tort after physical loss or damage .

In order to protect the Organization from massive tort claims, compensation for any non economic loss, such as pain and suffering, is limited to 100,000.

(e) The tort of passing off

(ee) Proceeds means whatever is received in respect of encumbered assets, including what is received as a result of sale, lease or other disposition or collection, civil and natural fruits, dividends, distributions, insurance proceeds and claims arising from damage or loss, and tort or warranty claims.

In favour of addressing in the draft Convention the assignment of tort receivables, it was stated that there was a significant practice to assign tort receivables to insurers that was worth covering in the draft Convention.

In addition, it was observed that a provision giving priority to the first assignee to register, if applied to tort receivables, might impair settlement in which all parties involved in a tort were supposed to participate (this would be particularly so if the registration would operate to establish a priority right even with regard to a future tort receivable).

After discussion, the Working Group confirmed its tentative decision that tort receivables should be covered and requested the Secretariat to reflect that decision by listing tort receivables in the scope provisions, possibly in draft article 2(2), and to prepare any additional provisions that might be necessary to address issues arising in an assignment of tort receivables.

States with extensive tort reform still suffer all these pathologies.

(f) Defences and remedies under the tort of passing off.

The Working Group first focused on the question of covering tort receivables.

Looking at the situation today in many jurisdictions, this is something that is regulated by general tort law.

It was noted that that limitation of the tort receivables to be covered in the draft Convention was due to the fact that, in the absence of such a confirmation, a tort receivable arising from an illegal act was of no value for financing purposes.

The first involve an action for tort because the State allows the SGP to exist.

In addition, it was observed that, if the draft Convention were to exclude tort receivables, it would need to draw a distinction between tort and contractual receivables, a task which, in view of the diverging meanings given to those terms in the various legal systems, might not be easy to achieve.

On the other hand, a number of concerns were expressed with regard to covering tort receivables.

However, the judge found that the claim did not bring into question the CISG since it was put forward in tort.

Now for 20 years, tort reformers have been sounding the alarm that lawsuits are out of control.

One concern was that a contractual priority rule based on registration might not be appropriate in resolving the problem of competing rights in tort receivables.

SMJ and Mitsui sued Norsul on the bill of lading, claiming damages in contract or tort, or for breach of duty as bailee.

Duplicate claims are two or more claims filed by an individual in the same claims category.

It was noted that, in order to reflect a tentative decision made by the Working Group at its previous session to cover tort receivables (A CN.9 434, paras. 74 and 81), the text of the draft Convention referred in several places to quot the agreement or the court order quot confirming a tort receivable.

The average number of loss types is 3.14 for the claims in this instalment, compared with 2.01 for all claims in the regular category D claims programme, 1.93 for Jordanian claims and 1.71 for Kuwaiti claims.

duplicate claims Two or more claims filed by a claimant under the late claims programme in the same category.

review of non overlapping claims in the FOURTHsecond group of overlapping claims

These E4 claims were considered in the second instalment of E4 claims.

In the third instalment of category A claims, four claims were found to be duplicates of claims previously awarded compensation.

In the fifth instalment of category A claims, four claims were found to be duplicates of claims previously awarded compensation.

In addition, the searches identified 287 E4 claims in the remaining E4 instalments as potentially overlapping with 168 claims in category C and 203 claims in category D .

Another concern was that the draft Convention might run counter to national law, under which tort receivables might not be assignable.

And the total of direct tort cost in this country is about two percent, which is twice as much as in other countries but, as taxes go, hardly crippling.

In this decision the Governing Council determined that category C claims, together with claims in categories A and B , were considered to be urgent claims.

In this Decision the Governing Council determined that category C claims, together with claims in categories A and B , were considered to be urgent claims.

The average amount claimed for the claims in this instalment is about USD 2 million, compared to about USD 820,000 for all claims, about USD 934,000 for Jordanian claims and about USD 861,000 for Kuwaiti claims in the regular category D claims programme.

The median amount claimed is about USD 470,000 for claims in this instalment, compared with about USD 263,000 for all claims, about USD 335,000 for Jordanian claims and about USD 276,000 for Kuwaiti claims in the regular category D claims programme Approximately 75 per cent of the claims in this instalment contain D8 D9 business losses in relation to unincorporated establishments in Kuwait.

In the sixth instalment of category A claims, five claims submitted by Jordan were found to be duplicates of claims previously awarded compensation.

Of the 24 company claims in this instalment, 19 are stand alone claims four are corporate detainee claims and one is an E2 claim.

The respondent also argued before the enforcement court that the arbitral tribunal lacked jurisdiction for the reason that the arbitral award dealt with damages in tort as well as in contract.

The searches identified 104 E4 claims with approved awards of compensation in the first seven instalments as potentially overlapping with 61 claims in category C and 70 claims in category D .

Second instalment category A claims corrections Third instalment category A claims corrections Fourth instalment category A claims corrections Fifth instalment category A claims corrections Sixth instalment category A claims corrections First instalment category C claims corrections Fourth instalment category C claims corrections

multiple claims Two or more claims in category C that were submitted under the late claims programme by individuals who are related to each other.

In that context she claims that

Total claims processed in 1996 1997

Competing claims refer to claims in different categories filed by different individuals for the same business losses.

JordanTwo claims reported in the second instalment were found to be duplicates of claims also reported in the same instalment.