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Claimant also now expressly disclaims that the assessment of Yukos’ taxes, which featured so prominently in its prior submissions, constituted acts of expropriation.
Opposite for the illustration produced by Claimant in its Statement of Claim that it had "repeatedly held" the Yukos shares from the day of their very first invest in in 2004, for the duration of The whole thing of this period Claimant was just one in a series of nominees interposed concerning Yukos as well as Cayman Islands helpful proprietor of your Yukos shares, which, like Claimant, is owned and controlled via the Elliott Team.
• "[T]he situations with the arrest and prosecution of primary Yukos executives counsel the interest of your point out’s action in these scenarios goes over and above the mere pursuit of felony justice, and features factors including the weakening of the outspoken political opponent, the intimidation of other wealthy men and women plus the regaining of Charge of strategic financial assets." (Council of Europe Parliamentary Assembly, January 2005.)
b. Then again, the Tribunal notes its prior decision on jurisdiction which authorized the importing with the broader consent to arbitration clause in Short article 8 on the Denmark-Russia BIT.
(a) Claimant may well post new paperwork in rebuttal to the new files handed out by Respondent, with its Closing Assertion on the hearing; and
Konnov build that Yukos' tax assessments weren't discriminatory, retroactive or extreme, a summary supported by Respondent’s survey in the Worldwide tax techniques of other States, which displays the abusive tax techniques utilized by Yukos would've been addressed extra severely under the tax units of diverse Member States of your Council of Europe and many non-European States. Claimant’s vacant claim which the tax treatment method of Yukos will not meet Intercontinental specifications is not supported by the actual tax exercise of other countries, and Claimant, although it invokes Intercontinental tax criteria, has neither challenged the authorities from other nations relied on by Respondent, nor cited any of its possess.
These kinds of payment shall amount of money to the worth with the financial investment expropriated instantly before the https://rosinvest.com expropriation or impending expropriation became general public expertise. The compensation shall be compensated without hold off, be freely transferable and shall incorporate curiosity at the traditional industrial fee. proven on a industry basis from the date of expropriation until the day of payment,
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Мэр отметил, что ежегодно музей-заповедник "Коломенское" привлекает более четырех миллионов человек, однако, есть ряд проблем. "К примеру, рекреационная нагрузка по территории распределена неравномерно, а набережная лишена многих элементарных удобств вроде беговых дорожек.
three.six. If a witness whose statement has become submitted by a Party and whose assessment with the Hearing has long been requested by another Party, does not seem within the Hearing, his assertion won't be taken into account with the Tribunal. A celebration may apply with motives for an exception from that rule.
fifty one. The Respondent following contends that, even assuming that Claimant produced its investment decision in 2004 (mainly because it did), Claimant was not deprived of the full or considerable worth of its financial commitment, since different tax liens turned enforceable prior to Claimant’s acquire of its shares, the shares had missing a big part in their market place worth, and Yukos’ management had declared that the company was insolvent as of 31 Oct 2004. Once more, the Respondent’s argument needs to be rejected.
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In interpreting that clause and importing Report eight in the Denmark-Russia Little bit towards the current dispute, the Tribunal appreciates that conflicting arguments are probable In this particular context: a. On one hand, it may be argued that it's important to go through that provision from the context of the treaty of which it types a part. Write-up eight on the Denmark-Russia Little bit allows a claimant https://rosinvest.com of 1 contracting party for the treaty to say for expropriation by the opposite contracting occasion. Nevertheless Posting 11 states the treaty doesn't implement to taxation. Thus Report 8 on the Denmark-Russia BIT in its context isn't going to utilize to statements based in taxation. The Tribunal is bound to import Article eight in its context, i.e. topic to Short article 11. Had been a Danish investor to produce a assert under the Denmark-Russia Little bit for an expropriation By means of taxation, the procedure afforded towards the Danish Trader beneath the Denmark-Russia Little bit would necessarily mean which the Trader was precluded from creating a claim.
The investor afflicted shall Use a proper, underneath the law of the Contracting Occasion producing the expropriation, to prompt evaluation, by a judicial or other unbiased authority of that Celebration, of his or its circumstance and in the valuation of his or its expenditure in accordance With all the concepts set out Within this paragraph.