This Note examines historical and current attempts to settle claims on dormant Swiss bank accounts and proposes a mechanism designed to resolve the dispute. Part I provides background information on the claims, including the relevant Swiss law, obstacles encountered by earlier claimants, and the Swiss Government's early resolution attempts. Part I also outlines frameworks of international arbitral and adjudicatory forums employed to resolve international disputes. Part II discusses the attempts of the Swiss banks, Swiss Government, U.S. Congress, private individuals, and independent organizations to resolve claims to dormant Swiss bank accounts. Part III argues that the current mechanisms are inappropriate for handling claims on dormant Swiss bank accounts and proposes an alternative mechanism that is better designed for settling claims based on its ability to offer final resolution to both claimants and banks. This Note concludes that the only effective way to settle the dispute over dormant Swiss bank accounts is to implement this propsed hybrid forum for the final resolution of claims.
Jodi Berlin Ganz,
Heirs Without Assets and Assets Withouth Heirs: Recovering and Reclaiming Dormant Swiss Bank Accounts,
20 Fordham Int'l L.J. 1306
Available at: http://ir.lawnet.fordham.edu/ilj/vol20/iss4/8