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Third, the damages Claimant seeks are depending on an Assessment at odds Together with the statements in Claimant’s Reply that Yukos' tax assessments were not them selves expropriatory measures. Since the supplemental expert report of Professor James Dow shows, LECG’s calculation of damages, on which Claimant relies, is based on the exact same "retroactive" tax statements that RoslnvestCo now acknowledges did not constitute acts of expropriation and, in almost any celebration, transpired very well prior to Claimant initial acquired an financial fascination during the Yukos shares,

(one) The expression "investment" shall comprise all kinds of asset invested by an Trader of 1 Contracting Bash during the territory of another Contracting Occasion in accordance with its laws and restrictions and shall consist of in particular:

"Состоялось заседание экономического совета, на котором мы приняли важнейшее решение по реализации нового мегапроекта. В частности, в Тбилиси будет построен новый ...

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seven. To distract the Tribunal through the proof that the Russian Federation applied its tax rules to engineer the expropriation and re-nationalization of Yukos’ assets, the Russian Federation initially attacks Claimant and its romance for the Elliott, A non-public expense partnership, which it describes as "a notorious US-centered ‘vulture fund' and an archetype of.

Konnov build that Yukos' tax assessments weren't discriminatory, retroactive or excessive, a conclusion supported by Respondent’s study on the Global tax procedures of other States, which reveals the abusive tax techniques utilized by Yukos might have been taken care of additional severely underneath the tax devices of diverse Member States with the Council of Europe and many non-European States. Claimant’s empty declare which the tax cure of Yukos doesn't meet up with international criteria will not be supported by the actual tax exercise of other nations, and Claimant, though it invokes international tax standards, has neither challenged the authorities from other international locations relied on by Respondent, nor cited any of its own.

2nd, Claimant has not challenged possibly the authorities cited by Respondent that impose a responsibility to mitigate damages or even the details marshaled by Respondent displaying that Claimant experienced a possibility, next its acquisition of the economic fascination in the Yukos shares, not just to mitigate its damages, but to offer its desire in the shares at a profit. Knowledge indicates that Claimant may be by yourself amongst financial commitment treaty claimants in continue to with the ability to have understood a financial gain on its investment decision over 17 months after the submitting of its Ask for for Arbitration, which, not incredibly, asserted that its financial investment had by now https://rosinvest.com been expropriated But, In keeping with Claimant, realizing a financial gain on its expenditure might have essential that it abandon its treaty claim.

And as might be observed below, for many months just after Claimant 1st turned a nominal proprietor of the Yukos shares, they might have been sold for what an affordable Trader might have thought of an exceptionally handsome gain—a return of virtually 20% for every annum. But a decision was made not to offer the Yukos shares for "little" gains, but as an alternative to maintain the shares, and convey this claim, in search of damages wholly divorced from the level of any financial commitment that Claimant may well plausibly be regarded as possessing made.

The termination with the https://rosinvest.com Participation Agreements on March 27, 2007 could not, in almost any event, have designed a safeguarded financial investment. By that point, the tax assessments against Yukos were ultimate and irreversible, the YNG shares were sold at auction, Yukos were declared bankrupt and the final selection to market Yukos’ assets and dissolve the corporation were built.

Any new exception will, however, use only to investments manufactured in its territory by buyers of another Contracting Social gathering after the entry into force of these types of exception.

Тогда их было шесть, до наших дней сохранилось только три: Вознесенский, Казанский и Дьяковский.

По словам Собянина, пешеходная часть набережной станет шире за счет деревянного настила, который протянется от причальной площади в сторону Сабуровского моста — так появится возможность выделить место под беговую дорожку.

Even though the auction of almost all of Yukos’ shareholding in OAO Yuganskneftegaz ("YNG’’)—the centerpiece of Claimant’s claim—befell a few days immediately after Claimant’s December 2004 acquire of Yukos shares, each of the Russian Government’s choices regarding that auction experienced Similarly been taken beforehand, and have been Hence also faits accomplis.

Though the Respondent’s threats could possibly have allowed Claimant to acquire its Yukos shares at a frustrated price tag, the value of its financial commitment is appropriately determined by calculating Claimant’s proportionate share of The online asset value of Yukos. In the event the steps taken with the Respondent towards Yukos right after Claimant acquired its shares were illegal, as Claimant has demonstrated, People measures deprived Claimant of the entire price of its investment-US$ 232.7 million as from the day of the last individual bankruptcy auction, 15 August 2007.