Arbitration To Settle Private War-Damage Claims? The Eritrea-Ethiopia Claims Commission Revisited

Abstract

This chapter briefly mentions the genesis of reparation of private war-damage claims by the 'guilty' State. The focus then shifts to the Eritrea Ethiopia Claims Commission (EECC) as an arbitral body to settle private war-damage claims. One of the crucial options when setting up a private war-damage claim is whether private war-damage can be directly claimed by the private party, who actually suffered the damage, or whether it has to be claimed by the State on behalf of its nationals. The EECC's option for the latter has determined its way to operate. How 'numberscosts-evidence-time pyramid' has equally determined the EECC 's settlement process is discussed. Thereafter the awards of the EECC are discussed. The chapter concludes with an assessment of the EECC process to redress private war-damage and a critical evaluation of the strengths and weaknesses of arbitration as a formula to settle private war-claims. Keywords: arbitration; Eritrea Ethiopia Claims Commission (EECC); war-damage