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3rd, the damages Claimant seeks are based upon an Evaluation at odds With all the statements in Claimant’s Reply that Yukos' tax assessments weren't them selves expropriatory actions. Given that the supplemental expert report of Professor James Dow displays, LECG’s calculation of damages, on which Claimant depends, is based on the exact same "retroactive" tax claims that RoslnvestCo now acknowledges did not constitute functions of expropriation and, in almost any occasion, happened properly in advance of Claimant initially obtained an economic interest in the Yukos shares,
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Завершена надвижка пролета моста через Волгу на обходе Твери
Кроме того, реорганизуют пространство возле дворца царя Алексея Михайловича и Дьякова городища.
Первый этап благоустройства включает обновление набережной Москвы-реки. Сначала специалисты приведут в порядок участок в районе станции метро "Кленовый бульвар", а затем будут продвигаться в сторону Сабуровского моста.
По его словам, в проектную документация вносятся изменения.
Respondent might have believed that it goes devoid of stating that the purpose of an investment decision treaty should be to inspire financial commitment, not the submitting of treaty promises in lieu of available economical returns.
Next, at the vital day - the date of commencement of the arbitration in Oct 2005 - Claimant was not entitled to most-favored-nation treatment method as regards the management, maintenance, use or satisfaction of the guarded financial investment pursuant to Report three(2) of the UK-Soviet BIT in reference to Article 8 of your Denmark-Russia Little bit - the only real basis on which this Tribunal has Formerly decided that it could think jurisdiction about Claimant’s claim.
"A tax or tax enforcement that singles out a specific investor (or team of traders) will become suspect, especially if these types of singling-out and discriminatory enforcement correlate with political opposition concerning that Trader and also the powers managing the state.... In these kinds of scenarios, the load of showing a ‘legit cause’ has to be A great deal better than in situations https://rosinvest.com of differentiated tax procedure in which no unique suspect reason behind the differentiation is on the market.
Госдума надеется на ускорение и удешевление инфраструктурных строек благодаря закону об ОПИ
(1) Investments of investors of both Contracting Social gathering shall not be nationalised, expropriated or subjected to measures getting outcome reminiscent of nationalisation or expropriation (hereinafter generally known as "expropriation") from the territory of the opposite Contracting Get together aside from a function https://rosinvest.com that is in the general public curiosity and isn't discriminatory and in opposition to the payment, with out delay, of satisfactory and successful payment. These types of payment shall total to the real, worth of the investment decision expropriated immediately prior to the expropriation or in advance of the upcoming expropriation grew to become general public know-how, whichever is the earlier, shall be produced inside of two months from the date of expropriation, and then interest at a normal commercial fee shall accrue till the day of payment, and shall be correctly realizable and become freely transferable.
9. When these diversionary arguments are place aside, it becomes clear the Russian Federation has but 1 protection: that its actions against Yukos need to be considered appropriate, since its domestic courts upheld them. Similar lawful arguments ended up State-of-the-art with regard to the legal procedures by which two of Henry VIII's wives dropped their heads, and the Russian Federation’s current arguments are as unconvincing as those have been.
While the auction of the majority of Yukos’ shareholding in OAO Yuganskneftegaz ("YNG’’)—the centerpiece of Claimant’s declare—took place a couple of days after Claimant’s December 2004 invest in of Yukos shares, all the Russian Govt’s conclusions relating to that auction experienced Also been taken beforehand, and have been Consequently also faits accomplis.
3.10 Devoid of prejudice to any future conclusion from the Tribunal, just in case the Tribunal will make https://rosinvest.com an award of payment, what are the final positions with the Get-togethers regarding intent on these payment?