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Report and Recommendations Made by the Panel of the Commissioners Concerning the First Instalment of Claims for Departure From Iraq or Kuwait (Category "A" Claims), S/AC.26/1994/2, 21 October 1994

Title
Report and Recommendations Made by the Panel of the Commissioners Concerning the First Instalment of Claims for Departure From Iraq or Kuwait (Category "A" Claims), S/AC.26/1994/2, 21 October 1994
Table of Contents
UNITED NATIONSSECURITY COUNCILUNITED NATIONSCOMPENSATION COMMISSIONREPORT AND RECOMMENDATIONSMADE BY THE PANEL OF COMMISSIONERS CONCERNING, THE FIRST INSTALMENT OF CLAIMS FOR DEPARTURE FROM IRAQ OR KUWAIT (CATEGORY "A" CLAIMS")IV. THE PROCESSING OF THE FIRST INSTALMENT OF CLAIMSC. Other issues3. Interest
Content

UNITED NATIONSSECURITY COUNCIL

Distr. GENERAL

S/AC.26/1994/221 October 1994

Original: ENGLISH

UNITED NATIONSCOMPENSATION COMMISSION

REPORT AND RECOMMENDATIONSMADE BY THE PANEL OF COMMISSIONERS CONCERNING, THE FIRST INSTALMENT OF CLAIMS FOR DEPARTURE FROM IRAQ OR KUWAIT (CATEGORY "A" CLAIMS")

2

[...]

16

IV. THE PROCESSING OF THE FIRST INSTALMENT OF CLAIMS

[...]

19 

C. Other issues

[...]21

[...]

3. Interest

In its Decision on "Awards of Interest" (hereinafter referred to as "Decision 16"), 23 the Governing Council provided that "[i]nterest will be awarded from the date the loss occurred until the date of payment, at a rate sufficient to compensate successful claimants for the loss of use of the principal amount of the award". The Governing Council further stated that it will consider "at the appropriate time" the methodology for the calculation of interest and its payment, and that payment of interest will only take place after the principal amounts of all awards are paid. 

In the Panel's view the above Decision of the Governing Council is supported by international law and jurisprudence which recognize the principle that interest should be paid on the principal amount of awards to make successful claimants whole for their losses. 24

[...]

23S/AC. 26/1992/16.
24Cf., e.g., Lillich, R., "Interest in the Law of International Claims", Essays in Honour of Voitto Saario and Toivo Sainio, 1983, p. 51; Wetter, J.G., "Interest as an Element of Damages in the Arbitral Process", International Financial Law Review, 1986, p.20. 

Referring Principles
Trans-Lex Principle: VII.6 - Duty to pay interest
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