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3rd, the damages Claimant seeks are based on an analysis at odds With all the statements in Claimant’s Reply that Yukos' tax assessments were not themselves expropriatory steps. As being the supplemental qualified report of Professor James Dow demonstrates, LECG’s calculation of damages, on which Claimant relies, is based on a similar "retroactive" tax statements that RoslnvestCo now acknowledges did not represent acts of expropriation and, in almost any occasion, occurred nicely right before Claimant to start with obtained an financial fascination during the Yukos shares,

53. The Respondent’s argument is premised around the mistaken belief that the value of Claimant’s Yukos shares have to be based on reference to their stock market selling price. Below excellent circumstances, a business’s share value really should reflect the corporate’s net asset worth and the market’s prediction as to your impact of long run gatherings on earnings. In this case, the market depressed the share price toward the end of 2004 to account for your Respondent’s menacing posture towards Yukos.

(1investments of investors of either Contracting Social gathering shall not be nationalised, expropriated or subjected to steps obtaining impact akin to nationalisation or expropriation (hereinafter referred to as "expropriation") while in the territory of the opposite Contracting Party except for a goal which can be in the public curiosity and isn't discriminatory and from the payment, without having hold off, of enough and powerful payment. These kinds of payment shall total to the actual price of the expense expropriated straight away prior to the expropriation or before the upcoming expropriation became public knowledge, whichever is the earlier, shall be created in just two months from the date of expropriation, and then desire at a standard business charge shall accrue until eventually the day of payment, and shall be effectively realizable and be freely transferable.

Кроме того, здесь оборудуют смотровую площадку с подвесными качелями и пространство для игр.

34. On 22 January 2010, in the course of the concluding remarks from the hearing over the deserves, the Parties have been asked through the Chairman if there were any procedural troubles that they wished to boost (Tr p, 933). The Functions confirmed they'd agreed a process to exchange reviews on significant corrections to. the hearing transcript. The Chairman additional questioned the Get-togethers "do the Parties have any objections to the way in which the Tribunal has carried out the course of action up to now?

"Крупный мусоросортировочный комплекс предусмотрен в концессионном соглашении, в этом году они (концессионеры — ИФ) начнут стройку, на наших полигонах тоже установим ...

Он будет включать в себя демонтаж оставшихся конструкций, проектно-изыскательские ...

МЧС доставило водоналивные дамбы в пострадавшую от паводка Оренбургскую область

304. Claimant would make no individual claim determined by acts that happened just after Claimant acquired valuable ownership in 2007. In almost any event, no claim of expropriation may be dependent solely on such functions, due to the fact by that day the Tax Assessments for every of Several years 2000-2003 (and later many years) had been undoubtedly upheld from the Russian courts, YNG experienced by now been bought, Yukos experienced already been formally declared bankrupt, and its remaining property were being in the whole process of becoming liquidated. «221 R-I) Contentions in Respondent’s Surreply R-II 305. In its Surreply (R-II) Respondent argues that Claimant was neither the authorized nor was it the economic operator with the Yukos shares right before 2007. Respondent also rebuts Claimant’s arguments that Respondent’s reliance on customary international regulation is irrelevant. Claimant not the authorized owner 306. With regard to its assert that Claimant was not the legal owner, Respondent argues which the legislation below which the Tribunal have to Appraise Claimant’s assertion that it is the lawful operator with the Yukos s har es is Russian https://rosinvest.com legislation. Below relevant Russian legislation, CSFB was the legal owner on the Yukos shares. Underneath Russian legislation, specially the Federal Law "Around the Securities Market" (RM-841 and RM-845), only individuals listed (in so-termed "depo-accounts") about the guides and information of the certified securities depository are lawfully recognised as the house owners on the pertinent shares, and no other individual has any lawfully recognised rights for a shareholder in relation to the business, (¶¶l -7R-TU 307. CSFB was registered with the depository given that the holder on the Yukos shares and therefore was in any way related moments the one human being with legal possession in the shares and for that reason the only real individual entitled to lawful legal rights as being a shareholder in relation to the corporate to be a matter of Russian law. (¶¶R-II) 308. Under the Russian Joint Stock Corporations Regulation, and verified via the Supreme Arbitrazh Court docket (in the scenario cited in RM-851), CSFB, given that the lawful operator on the shares, was the only real person entitled to obtain notices of shareholders’ meetings, attend shareholders’ meetings and to vote the Yukos shares. CSFB is likewise the only real human being entitled to acquire dividends along with other distributions from Yukos. Accordingly, Claimant’s allegation that it "by itself experienced the ability to vote the shares and also to obtain any dividends or residual resources upon liquidation" (¶¶149 C-II) is unsupported and false.

Offered the conditions of Posting 5(one) with the Financial investment Security and Promotion Settlement concerning the Soviet Union and the United Kingdom (IPPA) the Tribunal could well be grateful to listen to from the Get-togethers what take a look at needs to be used to be able to determine irrespective of whether a measure not in by itself amounting to "nationalisation or expropriation' should be viewed as a measure "obtaining effect similar to" nationalisation or expropriation,

The current proceedings also illustrate 3 other characteristic functions of an Elliott Group "investment decision."

Госдума надеется на ускорение и удешевление инфраструктурных строек благодаря закону об ОПИ

four. The Russian Federation are unable to excuse its taking of Yukos ‘ assets as https://rosinvest.com a bona fide work out of its tax enforcement powers. Actually, the contrary is genuine: the Russian Federation misused its tax enforcement powers to achieve and attempt to legitimize its seizures of strategic petroleum assets from the troublesome political opponent. The Russian Federation disregarded present Russian regulation to impose much more than USS nine.

(a) Dismissing Claimant’s claims within the grounds the Tribunal lacks jurisdiction to entertain them;