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Docket No: 8038/1298/NW/LH
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Partial Award of Roberts B. Owen, Esq., Arbitrator of the Claims Resolution Tribunal for Dormant Accounts in Switzerland ("Tribunal"), as Sole Arbitrator
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In the matter of
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| [Claimant] |
("Claimant") |
| versus |
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| [Bank] |
("Bank") |
| Represented by |
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| [Name] |
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| [Name] |
("Account Holder") |
| [Name] |
("Power of Attorney Holder") |
| in the Fast Track procedure pursuant to the Rules of Procedure for the Claims Resolution Process ("Rules"). | |
| I. |
CONSIDERATIONS |
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| Submissions |
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On 25 September 1997, the Claimant submitted a claim to the Account of the Account Holder. The Claimant stated that the Account Holder is his father, [Name]. In support of his claim, the Claimant submitted copies of his father's will, his mother's will and various other documents relating to his entitlement to the Account.
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The claim was forwarded to the Bank, which agreed that its name and the value of the Account should be disclosed to the Claimant. With its response to the claim, and pursuant to Article 11 of the Rules, the Bank signed a request for Fast Track Procedure on 9 November 1998. In its request, the Bank stated that the Claimant correctly identified the Account Holder's full name and the name of the Account Holder's spouse as contained in the bank records. The Bank therefore concluded that the person identified by the Claimant is indeed the Account Holder.
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The Bank produced copies of the following documents ("the Bank Documents"):
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The Angaben zur Forderungsanmeldung (Information Form), dated 5 January 1998; |
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The Angaben zur Forderungsanmeldung (Information Form), redacted version, dated 25 June 1998; |
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An account contract dated 4 February 1927; |
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An Acte de Nantissement Général dated 17 April 1931; |
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A notification of use of the [Second Name of the Account Holder] dated 4 February 1927; |
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A power of attorney in favour of [the Power of Attorney Holder] dated 4 February 1927; |
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Various internal Bank instruction memoranda; and |
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Various Bank statements from the 1980s and 1990s. |
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The Bank confirmed that it had submitted copies of all existing records concerning the Account to the Tribunal.
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| Jurisdiction of the Tribunal |
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The Bank and the Claimant (together, "the Parties") have signed a Claims Resolution Agreement, thereby agreeing that this claim will be resolved by the Tribunal in accordance with the Rules. Professor Dr. H. M. Riemer, the Chairman of the Tribunal, has appointed Roberts B. Owen, Esq., as Sole Arbitrator in this matter. The Sole Arbitrator hereby accepts the Appointment and declares that he is independent of each of the Parties and intends to remain so throughout the proceeding.
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| The Account |
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The Bank submitted that the Account is a dormant account and identified the assets in the Account as:
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The Sole Arbitrator has not verified either of these amounts as reported by the Bank. The principal amount may be adjusted and compensation for unpaid interest and previously deducted bank fees may be added on the basis of guidelines established by the Board of Trustees of the Independent Claims Resolution Foundation.
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| Summary of Claim |
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For a claim in the Fast Track to be approved, the Claimant must show that it is plausible in light of all the circumstances that he is entitled, in whole or in part, to the Account. In addressing this issue of plausibility, the Sole Arbitrator must assess all information submitted by the Parties or otherwise available to him. He must also bear in mind the difficulties of proving a claim, given the destruction of the Second World War and the Holocaust and the length of time that has lapsed since the opening of the Account.
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In this case, the Claimant has provided extensive information and documentation regarding his father, whom he believes is the Account Holder. He states that the Account Holder, [Name], is his father, [Matching Name]. This middle name matches the unpublished middle name of the Account Holder as contained in the Bank Documents. The Claimant states that the Account Holder's spouse was named M. W. née B., which matches the unpublished first and married name of the Account Holder's spouse as contained in the Bank Documents. Furthermore, the Claimant states that his father was Belgian. The Acte de Nantissement Général dated 17 April 1931 provided by the Bank lists the Account Holder as being from Brussels.
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The Claimant also provides significant information regarding his maternal uncle, [Name], whom he identifies as the Power of Attorney Holder. The Claimant provides a certificate of death for his uncle that lists his full name as [Name]. This middle name is consistent with the middle initial "[X]" provided for the Power of Attorney Holder in the Bank Documents.
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Finally, the Claimant and his siblings use the hyphenated family name of [Name- Name]. Unpublished information in the bank records indicates that the Account Holder [Name] adopted the name [matching the second name of the Claimant and his siblings] for use in connection with the Account. Based upon the information and documentation provided by the Claimant, the Sole Arbitrator finds that the Claimant has correctly identified the Account Holder.
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Regarding the Claimant's entitlement to the Account, the Sole Arbitrator notes that the Claimant has provided the will of [the Account Holder] and the will of M.W. née B., both of which list the Claimant as one of their three children. Of the other two children of the Account Holder, the Claimant's sister has died, and her two children have withdrawn their claims in favour of the Claimant, and the Claimant's brother likewise has withdrawn his claim in favour of the Claimant.
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The Sole Arbitrator also notes there is no information before the Tribunal that might suggest that there are other persons with equal or better claims to the Account. The Sole Arbitrator also has no reason to believe that the Account Holder may have acted as an intermediary for a victim of Nazi persecution, that the Claimant may have submitted a fraudulent claim, or that the assets in the Account may have been looted from victims of Nazi persecution.
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In light of these considerations, the Sole Arbitrator determines that it is plausible in light of all the circumstances that the Claimant is entitled to the assets contained in the Account. As a result, the Sole Arbitrator informs the Claimant that, in accordance with the policy of the Tribunal, information he provides may be used in the treatment of other claims to the same account.
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As a final matter, the Sole Arbitrator notes that from the information and documents submitted by the Claimant, it appears that his father was not a victim or target of Nazi persecution. A victim or target has been defined as any person or entity persecuted by the Nazi regime because they were believed to be Jewish, Romani, Jehovah's witness, homosexual, or physically or mentally disabled or handicapped. The Claimant is invited to comment on this preliminary finding below.
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| II. |
ORDER |
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Based on these considerations, the Sole Arbitrator issues the following Order:
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| Address for Correspondence |
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| 1.1 |
All correspondence between the Parties and the Sole Arbitrator and/or Legal Secretary should refer to Docket Number 8038/1298/NW/LH, and should be sent to the Tribunal at: Claims Resolution Tribunal for Dormant Accounts in Switzerland Löwenstrasse 17 Postfach 7589 8023 Zurich Switzerland |
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| Directions to Claimant |
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| 2.1 |
If the Claimant has reason to believe that his father was a victim or target of Nazi persecution, he is invited to submit, within thirty (30) days of receipt of this Award, any information regarding this issue. If the Claimant does not submit any additional information on this issue within the 30-day period, the Tribunal will proceed to render a Final Award on the basis of the information already before it. |
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| Bank Documents |
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| 3.1 |
The Bank Documents are enclosed with the Claimant's copy of this Partial Award, together with copies of all correspondence exchanged between the Bank and the Tribunal regarding the completion of the file. |
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| 3.2 |
Within thirty (30) days of receiving this Partial Award, the Claimant is invited to submit his comments, if any, with respect to the Bank Documents and Bank correspondence attached to this Partial Award. Any such comments may be taken into account in the Final Award of the Sole Arbitrator. |
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| III. |
PARTIAL AWARD |
Based on the submissions of the Parties and the above considerations, and in accordance with the Rules, the Sole Arbitrator renders the following Partial Award:
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| 1. |
The Sole Arbitrator recognises that the Claimant has a valid claim to the assets contained in the Account of the Account Holder and orders the Bank to transfer control of the assets of the securities account to or at the direction of the Claimant and to pay to or at the direction of the Claimant 2,267.15 Swiss Francs, being the amount in the current account as reported by the Bank on 25 June 1998. In making this payment, the Bank will not assess any fees. |
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| 2. |
The Sole Arbitrator will issue a Final Award, in which compensation for unpaid interest and bank fees previously deducted may be added on the basis of the Guidelines. |
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This Partial Award will be sent to the Parties by Registered Mail Against Receipt. |
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22 February 2000
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The Sole Arbitrator:
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[signature]
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| Roberts B. Owen, Esq. | ||||||||||
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