This tip-sheet gives a summary of proprietary claims. This type of claim arises where a state’s property has been stolen, or wrongfully transferred away, such as property sold below market value as a result of bribery. It is a claim for a specific asset or sum of money, which can be contrasted with a compensatory claim for damages. So, for example, a victim state can claim the return of a stolen asset, including any increase in its value, in priority to other creditors. We explain how and when this type of claim can be used and the advantages a proprietary claim has over a claim for compensation in our tip-sheet here.

Posted by Chimé Metok Dorjee