Originally from American Review of International Arbitration - ARIA

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Since the publication of “An Iraq Claims Process” in the last issue of The American Review of International Arbitration,1 the United Nations has taken a number of further steps towards establishing a structure for an Iraq claims program at the international level, and determining how it will function. A great many questions remain, and the system is far from defined, but the basic outline has slowly begun to emerge for claims that arose on or after August 2, 1990, the date of the Iraqi invasion of Kuwait. Claims that arose prior to that date will be filed and resolved through forums provided by national systems. But on the national level, at least in the United States, no widely accepted system has been developed, although one has been promised.

The Secretary General’s Report (the “Report”) setting forth general recommendations for an international claims program was issued on May 2, 1991 in accordance with Security Council Resolution 687.2 The Report answers a few of the basic questions, particularly concerning the institutional structure to be established, while leaving the details of process to be fleshed out.