 I.
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Background |
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On 1 October 1997, the Claimant submitted a Claim Form to the Dormant Account Contact Office in which he made a claim to the dormant account of the Account Holders. The Claimant stated he was entitled to the account because he believed he is the only living relative of [Account Holder 1], who he stated was his grandfather's brother.
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The bank, which submitted its response to the Claim Form on 13 March 1998, declined to disclose to the Claimant its identity and the amount held in the account, on the grounds that the Claimant did not provide sufficient information as to his entitlement to the account.
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On 8 September 1998, The Right Honorable The Lord Higgins, as Sole Arbitrator, issued a decision denying disclosure to the Claimant under Article 10 (i) of the Rules.
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After a series of extensions during which the Claimant researched his claim, on 29 October 1999, the Claimant resubmitted his claim for reconsideration by a Claims Panel pursuant to Article 10 of the Rules. In the resubmission, the Claimant provided additional information about his relative who he believes to be the Account Holder, including his address, profession, place of birth and date and place of death.
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On 12 November 1999, the bank, having reviewed the resubmission, confirmed its decision not to disclose to the Claimant on the grounds that the Claimant seems to have identified a closer relative, the son of [Account Holders 1 and 2].
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Professor Dr. H. M. Riemer, the Chairman of the Tribunal, has appointed himself as Chairperson, and Judge Howard M. Holtzmann and Ambassador Andrew J. Jacovides as Co-Arbitrators in this matter. The Chairperson and the Co-Arbitrators hereby accept the Appointment and declare that they are independent of each of the parties and intend to remain so throughout the proceeding.
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II.
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Considerations |
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Under Article 10 of the Rules, the Tribunal is required to disclose to the Claimant the name of the bank and the amount in the account unless it determines that: (i) the Claimant has not submitted any information on his or her entitlement to the account, or (ii) it is apparent that the Claimant is not entitled to the account.
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Article 10 of the Rules also provides that where a claim is the subject of a non-disclosure decision by a Sole Arbitrator, the Claimant may resubmit the claim for decision by a Claims Panel within thirty days of receipt of the Sole Arbitrator's decision.
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When a Claimant chooses to resubmit a claim, a Claims Panel must conduct a fresh review of the Claim and, having considered all relevant matters, render a decision pursuant to Article 10 of the Rules. Accordingly, in the course of its deliberations, the Claims Panel has reviewed all relevant documents and information available to it, including (i) the original Claim Form submitted by the Claimant and the documents he/she submitted in support; (ii) the bank's response to the Claim Form and its records relating to the account; (iii) the decision of the Sole Arbitrator; (iv) the Claimant's resubmission and supporting documents; and (v) the bank's response to the Claimant's resubmission.
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In his original claim form, the Claimant stated that [Account Holder 1] was his grandfather's brother and that [Account Holder 2] was [Account Holder 1's] spouse. He stated further that he believed he was entitled to the account because he was the "last known living relative."
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In his decision, the Sole Arbitrator found that the Claimant had not provided sufficient information to satisfy the requirements of Article 10 (i) of the Rules. The Sole Arbitrator noted that while the Claimant submitted documents indicating that his surname is the same as that of the Account Holders, he nonetheless provided no evidence as to the relationship between his grandfather and the Account Holders nor any details relating to the Power of Attorney. The Sole Arbitrator therefore found that the information the Claimant provided was insufficient to demonstrate that he was plausibly entitled to the account.
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After the decision of the Sole Arbitrator, the Claimant was able to obtain further information that he has submitted to the Tribunal. This included additional information about the relative who he believes is [Account Holder 1]. In a letter dated 2 September 1999, a second cousin of the Claimant in Italy explained that [Account Holder 1] was not the brother of the Claimant's grandfather B. (as the Claimant had originally claimed), but instead the brother of the Claimant's great-grandfather F., making him the Claimant's great-great-uncle. In a letter dated 29 October 1999, this same second cousin provided additional information relating to their great-great-uncle. He stated that [Account Holder 1] was born in [Place], Italy and died in Rome on [date] 1958, having been the head physician at [Name] Hospital in Rome. He explained that in order to provide this information, he called [Account Holder 1]'s son [Name . . .].
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In this case, the Claims Panel determines, on the basis of the information supplied after the decision of the Sole Arbitrator, that the Claimant should obtain disclosure of the name of the bank and the amount in the account. With this additional information from his second cousin, the Claimant has clearly identified a relative who had the same name as [Account Holder 1] and has explained how they are related. Moreover, the Claimant has provided information that matches information contained in the bank records, namely, that his great-great-uncle [Name] was a doctor and had a son named [Name].
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This Decision is not a decision that the Claimant is entitled to the account. If the Claimant agrees to arbitration by signing and returning a Claims Resolution Agreement, the Tribunal will decide the issue of whether the Claimant is entitled to the account and will in that connection consider whether [Name] may be a closer relative to the Account Holder. The bank has already agreed to arbitration.
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III.
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Decision |
Based on the above considerations, the Claims Panel decides:
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1.
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Pursuant to Article 10 of the Tribunal's Rules of Procedure, the name of the bank and the amount in the account are disclosed to the Claimant:
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[Bank] |
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3,683.30 Swiss Francs, as reported by the bank |
| The Claims Panel has not verified the amount reported by the bank. At the arbitration stage, the principal amount may be adjusted and compensation for unpaid interest and previously deducted bank fees may be added on the basis of guidelines to be established by the Board of Trustees of the Independent Claims Resolution Foundation. |
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2.
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The Secretariat of the Tribunal shall send to the Claimant a Claims Resolution Agreement and invite the Claimant to sign it, thereby agreeing to arbitration by the Tribunal. When a signed Claims Resolution Agreement is received by the Tribunal, the Claimant and the bank shall be informed as to future steps in the proceedings. |
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This Decision shall be communicated to the Claimant and the bank by registered mail against receipt. |
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17 December 1999
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The Claims Panel
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[signature] |
[signature] |
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Prof. Dr. Riemer
Chairperson |
Judge Holtzmann |
Ambassador Jacovides |
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