 SUBMISSIONS BY THE PARTIES |
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On 30 March 1998, the Claimant, [Name], submitted a claim form through an ATAG Ernst & Young Dormant Account Contact Office. The Claimant stated that he is entitled to this account because "[Name] is an unusual name and most are related." In support of his claim, the Claimant provided a copy of his [Country] passport.
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On 1 July 1998, the bank holding the account submitted its response. The bank declined to disclose to the Claimant its identity and the amount in the account on the grounds that the Claimant failed to provide sufficient information to establish his connection to the Account Holder. The bank provided copies of what it confirmed to be all of its existing account records, including a bank statement and an account opening document that provides details about the Account Holder.
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| CONSIDERATIONS |
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Under Article 10 of the Rules, the Arbitrator is required to disclose to the Claimant the name of the bank and the amount in the account unless (i) the Claimant has not submitted any information on his or her entitlement to the account and has not explained why the information is unavailable or (ii) if it is apparent that the Claimant is not entitled to the dormant account. A Claimant has to submit information and, if possible, documents on the Account Holder's identity, the Claimant's relationship to the Account Holder, and the reason why the Claimant is entitled to the account.
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In this case, the Claimant has not submitted such facts or documents as to his entitlement to the account. Although the Claimant states that "[Name] is an unusual name and most are related," he does not identify any relative with the same name as the Account Holder, nor any particular relative who might be the Account Holder. In response to the question "what is your relationship to the account holder?" the Claimant answers "don't know". As the Claimant acknowledges, this claim is based solely on the fact that the Claimant and the Account Holder share the same surname. A shared family name, without more specific information relating to a particular relative who might be the Account Holder, is an insufficient basis to allow disclosure to the Claimant under Article 10 of the Rules.
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Although the Arbitrator does not order disclosure, the Claimant is informed that the bank reports the account balance to be less than 100 Swiss Francs. The Arbitrator has not verified the amount reported by the bank, which is subject to adjustment as to the principal amount and also for interest, and for bank fees previously deducted.
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| DECISION |
Based on the above considerations, the Arbitrator decides:
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1.
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Pursuant to Article 10 (i) of the Rules, the name of the bank and the amount in the account will not be disclosed to the Claimant and, subject to paragraph 2 of this decision (below), the claim cannot be accepted for further processing. |
2.
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Pursuant to Article 10 of the Rules, the Claimant may re-submit the claim for consideration by a three-Arbitrator Claims Panel within 30 days of receipt of this Decision. Any resubmission should be addressed to the Claims Resolution Tribunal, Löwenstrasse 17, P.O. Box 7589, 8023 Zürich, Switzerland. |
3.
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This Decision shall be sent to the Claimant and the bank by registered mail against receipt. |
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28 June 1999
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Sole Arbitrator:
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[signature]
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Prof. William W. Park
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