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Third, the damages Claimant seeks are depending on an Assessment at odds Along with the statements in Claimant’s Reply that Yukos' tax assessments were not them selves expropriatory measures. As the supplemental professional report of Professor James Dow shows, LECG’s calculation of damages, on which Claimant relies, is predicated on the same "retroactive" tax promises that RoslnvestCo now acknowledges didn't represent functions of expropriation and, in almost any party, happened properly ahead of Claimant to start with obtained an economic curiosity from the Yukos shares,

Ситуация с паводком в Самарской области стабилизируется к концу недели - МЧС

Собянин в среду открыл после капремонта спорткомплекс в районе Гольяново

The foregoing defenses amply justify the dismissal of this circumstance, with out require for your Tribunal to conduct a detailed assessment of several decades’ truly worth of data referring to tax assessments, enforcement steps and individual bankruptcy proceedings.

От причала Коломенское начинается круговой прогулочный маршрут по Москве-реке, его тоже приведут в порядок. Причальную площадь реконструируют.

Konnov establish that Yukos' tax assessments were not discriminatory, retroactive or extreme, a summary supported by Respondent’s study from the Global tax tactics of other States, which exhibits the abusive tax tactics used by Yukos would've been treated a lot more severely under the tax techniques of diverse Member States of your Council of Europe and plenty of non-European States. Claimant’s vacant declare which the tax cure of Yukos does not fulfill Intercontinental criteria is not really supported by the actual tax observe of other nations, and Claimant, though it invokes Intercontinental tax standards, has neither challenged the authorities from other countries relied on by Respondent, nor cited any of its have.

RosInvestCo and its expenditure are entitled to the protections afforded by Posting 5 in the IPPA in opposition to the expropriation of its financial investment.

"Мы на юге столицы формируем новый дорожный каркас. Идет работа по соединению южного направления Московского скоростного диаметра. В конце этого года мы должны прийти ...

Уголовное дело возбуждено после массового отравления строителей в Калининграде

three. The file in this case is replete with "red flags." RoslnvestCo has rebutted any presumption of legitimacy to which the Respondent’s actions could reasonably be entitled.

Even if the tax assessments were being subject to evaluation under Report five of the UK-Soviet BIT, which they're not, Claimant hasn't rebutted the presumption of bona fide taxation. As shown under, Claimant has failed to determine which the tax assessments were either mala fide or discriminatory or confiscatory. Annex AA along with https://rosinvest.com the supplemental specialist report of Mr. Oleg Y, Konnov rebut Just about every on the arguments lifted by Claimant and Professor Maggs with respect to taxes, and show which the actions of the Russian tax authorities had been absolutely in line with each Russian legislation and Worldwide tax follow. Specifically, Respondent and Mr.

(2) Wherever a Contracting Celebration expropriates the belongings of a company or business which happens to be integrated or constituted underneath the law in pressure in almost any A part of its have territory, and wherein traders of the other Contracting Occasion Have got a shareholding, the provisions of paragraph (1) of this text shall use, "

(two) Investments of traders of each and every Contracting Celebration shall all of the time be accorded truthful and equitable treatment method and shall delight in whole defense and protection inside the territory of the opposite Contracting Occasion. Neither Contracting Celebration shall in any way impair by unreasonable or discriminatory measures the administration, upkeep, use, pleasure or disposal of investments in its territory of buyers of one other Contracting Bash.

Respondent has Earlier famous that no person has the best to sell assets that belongs to https://rosinvest.com somebody else. Claimant pledged the shares to safe borrowings from CSFB. Respondent contends this transpired as Claimant didn't inform CSFB with the existence from the Participation Agreements and Claimant’s silence on this point compounds the fraud perpetrated at enough time on CSFB. Claimant concedes in CPHB-I that even its supposed appropriate to sell the Yukos shares did not signify an financial fascination within the shares for the reason that, inside the party of a sale, ' Claimant would've been obligated to pass on the net income proceeds to Elliott Worldwide, Therefore confirming that Claimant was very little greater than an uncompensated assortment agent. Claimant’s ; concession has crucial outcomes as well for its supposed proper to pledge the shares. As Claimant experienced no appropriate to retain any of the net product sales proceeds, (a) Claimant didn't have the ideal to pledge the revenue proceeds as collateral for a bank loan (and Claimant’s pledge in the shares was thus in breach of equally Big apple legislation and the Participation Agreements) and (b) it is totally implausible that CSFB would ever have knowingly acknowledged collateral to get a financial loan having no sector value from the palms from the borrower. (¶seventeen-18 RPHB-I) 379. Claimant also argues that it was the proprietor of the Yukos shares by advantage from the "account details" preserved by CSFB. CSFB’s account statements are by no means valuable to Claimant’s case. A broker’s statement of account by definition reveals the safety positions held via the broker for the good thing about the broker’s client. CSFB’s account assertion Consequently provides even further assist for Respondent’s position that CSFB (and never Claimant) was the authorized operator in the shares. The reality that, insofar as CSFB was anxious, the shares have been however remaining held for the benefit of its client totally misses The purpose that Claimant was then alone practically nothing much more than an uncompensated custodian. A custodian’s custodian is not really a shielded "investor." (¶¶19 RPHB-I) three. Tribunal 380. With out repeating the contents, the Tribunal usually takes distinct Notice of the subsequent files on file; Social gathering Submissions: