Примеры использования Be compensable на Английском языке и их переводы на Русский язык
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In such cases the Panel determined that the claims would be compensable.
Future lost profits may be compensable in such a case if they can be calculated under the contract with reasonable certainty.
Thus, pursuant to Iraq's argument, a payment that became due on 1 August 1990 would not be compensable.
A loss or expense may be compensable even if does not arise under any of the specific subparagraphs of paragraph 35 of Governing Council decision 7.
However, decision 9 does not purport to identify all types of losses that may be compensable under resolution 687 1991.
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The Panel concluded then that such claims would be compensable regardless of the location of the loss if the loss was shown to be directly related to Iraq's invasion and occupation of Kuwait.
Iraq argued that the Portfolio Loss andthe Borrowing Costs claims could be compensable only as claims for interest.
Where a particular Claim was found not to be compensable, the relevant evidence in the Claim was nevertheless examined to determine whether the Claim contained discrete elements that might be compensable.
However, decision 9 does not purport to identify all types of losses that may be compensable under Security Council resolution 687 1991.
Where a claimant endeavoured to resume an interrupted contract or to conclude a replacement contract following the liberation of Kuwait,certain costs incurred thereby may be compensable.
The Panel has previously recommended that there are circumstances in which legal costs may be compensable see paragraph 54 of the First E/F Report.
The Panel determined that where the fines levied by the court or the court-ordered confiscation of funds were directly related to Iraq's invasion and occupation of Kuwait,the amounts lost would be compensable.
The Governing Council stipulates the standard by which loss of future profits can be compensable and the method of valuation that will adhere to this standard.
The Panel considered that, generally, losses suffered by farming operations that were shown to be directly related to Iraq's invasion andoccupation of Kuwait could be compensable.
The Panel therefore considers that losses which occurred after 2 March 1991 may be compensable as they can still constitute a direct consequence of Iraq's invasion and occupation of Kuwait.
In the absence of such information, the Panel is unable to determine whether the Claimant was under a legal obligationto make the payments, or whether the losses would otherwise be compensable.
The Panel therefore considers losses that occurred thereafter may be compensable as they can still constitute a direct consequence of Iraq=s unlawful invasion and occupation of Kuwait.
It asserts that the costs of such an evacuation of the Israeli civilian population would have been compensable under the Commission's guidelines, andtherefore the less costly alternative should also be compensable.
The Panel therefore considers that losses which occurred after 2 March 1991 may be compensable as they can still constitute a direct consequence of Iraq's invasion and occupation of Kuwait.
Noting that these losses would not be compensable in category“B” but would instead be eligible for compensation in category“C” in accordance with the guidance provided by decision 3 for MPA claims, the“B” Panel requested that the Executive Secretary reallocate these claims to the“C” Panel. Ibid., pp.
Where damage revealed by monitoring and assessment was not a direct result of Iraq's invasion and occupation of Kuwait,such damage would not be compensable in accordance with paragraph 35 of Governing Council decision 7.
Upon what basis, if at all, can the Portfolio Loss andthe Borrowing Costs(the‘KIA Claims') be compensable as‘direct loss, damage… as a result of Iraq's unlawful invasion and occupation of Kuwait' within the meaning of Security Council Resolution 687, paragraph 16?”?
The Panel confirms the approach that it took in the First Report, and the Panel considers that, in the absence ofan explanation of the special circumstances, payments will only be compensable if they relate to a reasonable period immediately after the liberation of Kuwait.
Claims for the loss of future income orprofits should be compensable where the claimant has submitted proof from a doctor stating that the claimant is partially or totally disabled, and certifying the extent to which the claimant is able or unable to work.
Accordingly, the Panel decides that the costs incurred by Governments in evacuating other nationals from Iraq andKuwait should be compensable on the same basis as those costs incurred by Governments in evacuating their own citizens.
The"E2A" Panel concluded that, where a payment fell due after 2 March 1991 but was not made by an Iraqi debtor, the ensuing loss might still constitute a direct loss resulting from Iraq's invasion and occupation of Kuwait andcould thus be compensable.
The Panel has previously recognized that increased insurance costs paid in respect of shipments of goods from Red Sea ports in Saudi Arabia would in principle be compensable, provided these costs were not related to increased production and had not been incurred after 2 March 1991.
Losses relating to contracts involving parties outside Iraq andKuwait may be compensable insofar as non-performance was directly caused by Iraq's invasion and occupation of Kuwait and, in particular, by military operations or threat of military action in the areas described by the Panel.
The failure should not, for example, stem from a debtor's economic decision to use available resources to ends other than the discharge of its contractual obligation, for such an independent decision would be the direct cause of the non-payment andthe resulting loss would therefore not be compensable.
It found that relocation costs may be compensable even when claimants departed from Iraq or Kuwait prior to the invasion but in no event earlier than 1 June 1990, provided that claimants provide proof of residency such as a Kuwaiti civil identification or an Iraqi residence number.