THE ISSUES FOR DETERMINATION Clause Samples
The "Issues for Determination" clause defines the specific questions or matters that a court, tribunal, or arbitrator is tasked with resolving in a dispute. This clause typically lists the key legal or factual issues that both parties agree are in contention, such as liability, damages, or interpretation of contract terms. By clearly outlining what needs to be decided, the clause helps focus the proceedings, prevents the introduction of unrelated matters, and ensures that the resolution addresses the core points of disagreement between the parties.
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THE ISSUES FOR DETERMINATION. The main issue for determination in this appeal is whether the Appellant has met his burden of proof as set out in the Appeal Guidelines (Annex E of the Agreement), section 17, which provides that to succeed in an appeal the Appellant must establish, based on the Relaxed Standards of Proof, that it is plausible:
THE ISSUES FOR DETERMINATION. In the light of the passage of time between the date of the decision letter (15th October 2003) and the receipt of the appeal form (8th March 2004) the issue might be presented as to whether the Appellant filed his appeal within the period provided by Section 4 (3) of the Agreement that specifies: “Any such appeal must be filed within 120 days of the receipt of the company’s decision”. However, it must be recognized that the Appellant apparently, as is corroborated by the registered mail receipt, had filed the appeal on 25th December 2003 which obviously was lost between Vienna and Schiphol or Schiphol and London. Therefore, the appeal is regarded as timely filed.
THE ISSUES FOR DETERMINATION. The Panel decided, pursuant to section 14.1 of the Appeal Guidelines (Annex E of the Agreement) to consolidate claim numbers [REDACTED] and [REDACTED]. They were denied by the same decision letter and are appealed in separate appeal forms. They are related appeals submitted by the two Appellants but relating to the same policies, namely two life insurance policies and a non-life insurance policy ( professional insurance ).
THE ISSUES FOR DETERMINATION. The Agreement concerning Holocaust Era Insurance Claims dated 16th October 2002 covers, according to its introductory language, “the settlement of individual claims on unpaid or confiscated and not otherwise compensated policies of German insurance companies in connection with National Socialist injustice”. Losses and deprivations not connected with National Socialist injustice and specifically the Holocaust are not covered by the Agreement. The sole issue for determination in this Appeal is whether either the policyholder or the Appellant was a Holocaust victim as defined in Section 14 of the Agreement.
THE ISSUES FOR DETERMINATION. Since the existence of a policy and the entitlement of the Appellant to the proceeds of this policy as heir (one of three heirs) of her parents are not in question, the main issue for determination is whether the sum of US$ 4,000 offered by the [REDACTED] is correctly calculated according to the Valuation Guidelines (Annex D). This will be discussed under the caption “Valuation” below.
THE ISSUES FOR DETERMINATION. The main issue for determination in this appeal is whether the Respondent has established a valid defence. There is no doubt that the Appellant’s father had an insurance policy with [REDACTED], that the Appellant - as heir of her parents - could be entitled to the proceeds of such a policy and that her family members were Holocaust victims. Therefore, the claim of the Appellant in general is within the scope of the Agreement. But, as far as this policy is concerned, the Respondent has succeeded in establishing a valid defence in accordance with the Agreement. Pursuant to Section 17.3 of the Appeal Guidelines the Appellant is not entitled to payment from Foundation funds if;
THE ISSUES FOR DETERMINATION. The Panel decided, pursuant to section 14.1 of the Appeal Guidelines (Annex E of the Agreement), for the purpose of the appeals procedure to consolidate claim numbers [REDACTED] and [REDACTED]. They are the subject of the same decision letter and are appealed in one appeal form. They are related appeals submitted by the same claimant but relating to different policies.
THE ISSUES FOR DETERMINATION. The first issue for determination is whether the appeal was filed, pursuant to section 4 (3) of the afore-mentioned Agreement (see paragraph 13) and its Annex E (the Appeal Guidelines), within 120 days as specified in the Appeal Guidelines. It is concluded that the Appellant did meet this timeline. Although the appeal form was sent on 17th January 2005 which is 131 days after the decisions were made (on 8th September 2004), it cannot be determined when the Appellant received the decision letters. In light of the uncertainty as to the date the Appellant was notified of the right to appeal and because the appeal document arrived close to the appeal deadline the appeal shall be deemed to have been filed in time.
THE ISSUES FOR DETERMINATION. Since the existence of a policy and the entitlement of the Appellant, [REDACTED], to the proceeds of this policy as the heir of [REDACTED] are not in question, the only issue for determination in this case is whether the sum of 4,225.83 offered by [REDACTED]is correctly calculated according to the Valuation Guidelines (Annex D).
THE ISSUES FOR DETERMINATION. The first issue for determination is what is the subject of the appeal. Although the Appellant lists all four claim numbers, he is, in fact, only appealing claim number [REDACTED]. This is made clear in the reasons for appeal (“I am writing this appeal letter regarding my ICHEIC claim for my great grandfather, [REDACTED]…”).