Примеры использования Present claim на Английском языке и их переводы на Русский язык
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Official
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Colloquial
The Panel applies this determination to the present claim by the Syrian Civil Aviation Authority.
The WBC costs include capital expenditures, freight charges andsundries/consulting costs that were transferred from the WBC Claim to the present claim.
A major portion of the present claim is for financial expenditures that have not yet been incurred.
In view thereof,the Panel determines that these costs are to be allocated to the appropriate claim as they cannot properly be verified in the present Claim.
The Panel has therefore made adjustments in the present claim for inadequate accounting for depreciation, saved expenses and insufficient evidence.
Consequently, 20 per cent of these costs, amounting to US$783,592,must be allocated to KOC's other claims as they cannot properly be verified in the present Claim.
Moreover, the author andhis defence lawyer could raise the issues related to the present claim, including the questionings, during the ongoing court trial.
The Panel finds that the present claim is compensable because the detention of the claimant's only employee and owner in Kuwait and Iraq directly led to the suspension of the claimant's operations.
Accordingly, the amount of compensation already awarded for this loss has been deducted from the compensation calculated for the present claim, in keeping with Governing Council decision 13, paragraph 3.
The Panel confirms that in respect of the present claim, China National has demonstrated that these costs were a temporary and extraordinary expense in the amount of USD 330,800.
Accordingly, the amount of compensation already awarded for this loss has been deducted from the compensation calculated for the present claim, in keeping with Governing Council decision 13, para. 3.
In the present claim, Saudi Arabia states that 438 square kilometres of its desert area outside the core and peripheral areas were damaged by military activities during Iraq's invasion and occupation of Kuwait.
Kuwait, however, has specifically stated in its Statement of Claim that the present claim does not include any monitoring and assessment covered by the claim of the Kuwait Oil Company.
Thus, the present claim is to be assessed solely in the light of article 18 of the Covenant, the understanding of which evolves as that of any other guarantee of the Covenant over time in view of its text and purposes.
Because the Claimant has filed a separate claim with the UNCC for the remainder of such costs,any determination by the Panel in the present Claim would necessarily prejudge the other claim. .
In the present claim, the Panel has found that China National has demonstrated that it would have made a profit of 8 per cent on the unperformed value of the contracts in progress as at 2 August 1990 see paragraphs 68-69, supra.
Accordingly, the amount of compensation already received by the claimant for this loss has been deducted from the compensation calculated for the present claim, in keeping with Governing Council decision 13, paragraph 3.
The Panel notes that of the vehicles purchased,85 are not accounted for in either the present claim or in a Receiving Agency claim, in that the Government has not submitted any evidence as to their use during the emergency period nor thereafter.
Applying the standard applicable to common costs,the Panel determines that 20 per cent of such costs are to be allocated to KOC's other claims as costs that cannot properly be verified in the present Claim.
In the view of the Panel,the oil recovery activities for which compensation is sought in the present claim are the continuation of the oil recovery programme that was reviewed under claim No. 5000381 in the second"F4" instalment.
It further notes that the author has neither presented any new facts which occurred since that date norprovided any explanation as to why he was unable to raise the present claim at the time of submitting his initial communication.
In reviewing the present claim, the Panel has considered whether, and if so to what extent, the evidence available indicates that the damage for which compensation is sought was wholly or partly the result of factors unrelated to Iraq's invasion and occupation of Kuwait.
Accordingly, the amount of compensation awarded in the other claim has been deducted from the compensation calculated for the present claim, in keeping with Governing Council decision 13(S/AC.26/1992/13), paragraph 3. Paragraphs 84 to 89.
If the Receiving Agency received Transferred Goods of greater value, or a longer remaining useful life, than those lost as a direct result of Iraq's invasion andoccupation of Kuwait, an appropriate adjustment has been made in the present claim.
This question, however, closely affects also the question whether ornot there was in existence at the time of the Lithuanian acts giving rise to the present claim an Estonian national whose cause the Estonian Government was entitled to espouse.
While Iraq's present claim might be able to be interpreted as satisfying, at least partly, the first of these steps, its consistent refusal to provide the Commission with the information and materials needed to verify its claim, clearly fails to satisfy the second step.
Saudi Aramco argues that the cost of the supplies of fuel oil andrefined oil products comprising the present claim are compensable because they were used for defence purposes necessitated by Iraq's invasion and occupation of Kuwait.
Where the Receiving Agency has not accounted for the Transferred Goods in its claim, the Panel has sometimes found it necessary to make adjustments for enhancement, inadequate accounting for depreciation, inadequate accounting for residual value,saved expenses and overstatement in the present claim.
The Claimant may amend its Physical Assets and Related Damage Claim, filed with the UNCC on 27 June 1994,to include 78 per cent of capital expenditure claimed in the present Claim, in the amount of US$237,047,168, which amount cannot properly be verified in the present Claim;
Applying the standard described in paragraph 27, supra, relating to the allocation of capital expenditure, the Panel concludes that 78 per cent of this figure, amounting to US$20,273,023,is to be allocated to KOC's Physical Assets Claim as it represents costs that cannot properly be verified in the present Claim.