 I.
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Background |
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On 24 September 1998, the Claimant submitted a Claim Form to the Dormant Account Contact Office in which she made a claim to the dormant account of the Account Holder. She stated that she is entitled to the account because the family name on her mother's side [matched the family name of the Account Holder].
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The bank, which submitted its response to the Claim Form on 13 November 1998, declined to disclose to the Claimant its identity and the amount held in the account.
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On 29 April 1999, Roberts B. Owen Esq., as Sole Arbitrator, issued a decision denying disclosure to the Claimant under Article 10 (i) of the Rules.
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By letter dated 21 July 1999, the Claimant resubmitted her claim for reconsideration by a Claims Panel pursuant to Article 10 of the Rules. In her resubmission, she stated that "the [Name] family are my grandmother and grandfather on my mother's side." However, in support of her claim, she submitted an extensive family tree, which indicated that her great-grandmother's maiden name was [Name].
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On 14 September 1999, the bank, having reviewed the resubmission, confirmed its decision not to disclose to the Claimant.
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Professor Dr. H. M. Riemer, the Chairman of the Tribunal, has appointed himself as Chairman, and The Rt. Hon. The Lord Higgins and Mr. Doron Shorrer, C.P.A. as Co-Arbitrators in this matter. The Chairman 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 and other documents submitted by the Claimant; (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 this case, the Claims Panel determines that the Claimant has not submitted such facts to support her claim of entitlement to the account. While the Claimant submits several family trees which extensively catalogue her ancestry and list hundreds of relatives, not one of these relatives shares the same full name as the Account Holder. The Claimant also does not indicate that one of them might be the Account Holder. The Claimant further states that she had a large family spread throughout Europe and South America, and specifically indicates that her ancestors came from Poland, Ukraine, Romania, and Austria. She has not, however, indicated any family connection to Germany, the published place of residence of the Account Holder. It appears that the Claimant continues to base her claim solely on the fact that the Account Holder shared a surname with members of her family. However, in the absence of more particular details about a specific relative who might have been the Account Holder which might be compared to unpublished information about the Account Holder contained in the bank documents, the Claimant has not provided enough information to support a claim of entitlement to the account.
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The Claimant has explained her inability to supply further information, stating that she was orphaned at a young age and that much of her family perished in the Holocaust. As the Arbitrator explained in the original decision, it is difficulties such as the ones faced by the Claimant which led to the adoption of the reduced standard of proof under the Claims Resolution Process. However, as the Claimant has not provided information which could support a claim of entitlement - even under this reduced standard of proof - the name of the bank and the amount in the account should not be disclosed to her.
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III.
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Decision |
Based on the above considerations, the Claims Panel issues the following decision:
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1.
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Pursuant to Article 10 of the Rules, the name of the bank and the amount held in the account will not be disclosed to the Claimant, and the claim cannot be accepted for further processing. |
2.
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This Decision shall be communicated to the Claimant and the bank by registered mail against receipt. |
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6 June 2000
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The Claims Panel
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[signature] |
[signature] |
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Prof. Dr. H.M. Riemer
Chairman |
The Rt. Hon. The Lord Higgins |
Mr. Doron Shorrer, C.P.A |
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