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"На сегодняшний день активно строится второй этап обхода (Твери — ИФ), включая искусственные сооружения.
The hostility in the Russian Government toward Yukos was manifest, and the fall in the cost of Yukos stock implies that buyers had started to sell their shares.
twelve. The united kingdom-Soviet BIT presents a solution for these types of violations of the point out's obligations. Claimant ought to be compensated for its proportional share of the value of Yukos experienced the belongings of Yukos not been unlawfully expropriated through the Russian Federation. [ ]"
"Настало время провести вторую волну благоустройства и реабилитации больших московских парков.
Accordingly, Claimant can complain only of steps or functions that transpired soon after it became the effective proprietor of the Yukos shares in 2007. By then, having said that, almost every one of the acts complained of in its Assertion of Declare were previously past record.
Claimant (¶ 132 CPHB-I) 201. Claimant refers the Tribunal to its response to this concern as expressed in closing arguments, and submits the next extra observations: (a) : Shares of Russian joint stock providers are recorded while in the sign up of shareholders managed possibly by the company alone or by an unbiased "Registrar.
Respondent would have thought that it goes without the need of declaring that the objective of an expense treaty should be to really encourage expenditure, not the submitting of treaty statements in lieu of available financial returns.
Древнейший деревянный храм России перенесут и поместят в павильон
four. Any witness or expert could only be recalled for rebuttal assessment by a Party or the users on the Tribunal, if such intention is declared in time and energy to assure The supply from the witness and specialist in the course of the time of the Listening to,
two. Respondent 265. Respondent promises that the Denmark-Russia Little bit is excluded from implementing into the existing case as Article eleven(three) of that treaty presents: "The provisions of the Settlement shall not use to taxation.". Respondent asserts that consequently all claims premised on Russian "taxation" ought to be excluded. Claimant has created no attempt to clearly show, significantly less to quantify, that it absolutely was thoroughly or significantly deprived of its financial investment on account of functions complained of, if any, besides taxation. On this basis as well, Claimant’s assert really should be denied. (¶234 R-I) 266. In case the Tribunal considers that this defence based upon exclusion of taxation issues on account of Report eleven(3) in the Denmark-Russia Little bit need to be classified as another jurisdictional objection, Respondent statements the Tribunal has authority and discretion underneath Write-up 22 from the 1999 Stockholm Arbitration Procedures to allow Respondent to amend its pleading. Claimant would not be prejudiced by this kind of ruling given that Claimant wasn't a helpful operator from the Yukos shares all through nearly each of the period through which Russian "taxation" is alleged to own violated the IPPA. (Footnote 432 R-I) 267.
Even if the tax assessments were being issue to evaluation below Short article five of the UK-Soviet BIT, which they're not, Claimant hasn't rebutted the presumption of bona fide taxation. As shown down below, Claimant has unsuccessful to establish which the tax assessments were being both mala fide or discriminatory or confiscatory. Annex AA as well as supplemental professional report of Mr. Oleg Y, Konnov rebut Every single with the arguments lifted by Claimant and Professor Maggs with respect to taxes, and reveal the actions in the Russian tax authorities ended up totally consistent with both of those Russian regulation and international tax follow. In particular, Respondent and Mr.
(four) The provisions of this information relative on the granting of Most Favoured Nations therapy shall not be construed in order to oblige one particular Contracting Social gathering https://rosinvest.com to increase on the investors of the opposite Contracting Celebration, Tastes or privileges ensuing from:
- the alleged infringement of Yukos’ due method rights with respect on the courtroom proceedings associated with the Tax Assessment for Calendar year 2000; and
This is often true regardless of whether, and also to what extent, the tax enforcement steps them selves may have complied with Russian domestic legislation. Official compliance with domestic law might https://rosinvest.com not be used to justify the destruction of a private business and excuse the uncompensated transfer of that organization’s property on the point out.These steps constitute https://rosinvest.com an unlawful expropriation beneath Global regulation, irrespective of how they might be viewed under domestic legislation, and are actually so perceived by Global courts and commentators. :