As evidence of its claim for payment or relief to others, ABB Relays provided a copy of the employment agreement, the supplemental agreement along with the amendments, the assignment agreement and salary statements.
The Panel refers to paragraphs 591 and 608, supra, and notes that it has not considered the duplicate claim for" leave salary" as part of the claim for payment or relief to others.
For payment or relief to others, the Panel finds the date of loss to be 28 September 1990 for bus fares and 26 November 1990 for visas, food, and medicine.
In its reply to the article 34 notification, Eastern clarified that the amount claimed for payment or relief to others on the category" E" claim form(USD 235,000) contained a calculation error.
On the basis of the description of this loss in the Statement of Claim, the Panel has reclassified JPY 73,083,860(USD 506,647) of that amount as a claim for payment or relief to others.
However, the Panel determined that JPY 75,159,181(USD 521,034) of the claim for other losses is more appropriately classified as a claim for payment or relief to others.
Geotécnica seeks compensation in the amount of USD 74,535 for payment or relief to others, including(a) demobilisation costs(USD 44,335), and(b) costs of rescission of employment contracts(USD 30,200).
Six claimants in this instalment submitted claims in the amount of KWD 1,244,087(approximately USD 4,304,799) for losses due to payment or reliefto others.
The Panel therefore considered the amount of GBP 971,752(USD 1,847,437) for contract losses, loss of profits, loss of tangible property, payment or relief to others, and other losses(restart costs) as follows.
The Panel therefore considered the amount of USD 211,386,950 for contract losses, loss of tangible property, payment or relief to others, other losses and interest, as shown in table 6, infra.
The Panel therefore considered the amount of USD 13,104,704 for contract losses, loss of tangible property, payment or relief to others, financial losses and interest, as shown in table 45, infra.
The Panel therefore considered the amount of USD 37,224,680(GBP 19,580,182) for contract losses, loss of overhead/profits, payment or relief to others, financial losses, other losses and interest.
The verification and valuation methodology adopted by the Panel for claims relating to payment or reliefto others is the same as set forth at paragraphs 155-157 of the First“E4” Report.
In the" E" claim form, Atlantic characterised this loss element as" payment or relief to others", but the Panel finds that it is more accurately described as" other".
Eteco seeks compensation in the amount of 22,071,023 Belgian francs(BEF)(USD 687,464) for contract losses, loss of tangible property, payment or relief to others, other losses and interest.
In the" E" claim form National sought compensation in the amount of USD 45,801,828 for contract losses, loss of profits, loss of tangible property, payment or relief to others and other losses.
The Panel therefore considered the amount of USD 45,801,828 for contract losses, loss of profits, loss of tangible property, payment or relief to others, financial losses, other losses and interest, as follows.
National originally classified this amount as other losses(" Impossibility, frustration and force majeure"), but it is more appropriately classified as payment or relief to others.
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