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3rd, the damages Claimant seeks are based upon an Assessment at odds Using the statements in Claimant’s Reply that Yukos' tax assessments were not them selves expropriatory steps. Given that the supplemental skilled report of Professor James Dow shows, LECG’s calculation of damages, on which Claimant relies, is based on the same "retroactive" tax claims that RoslnvestCo now acknowledges didn't constitute functions of expropriation and, in almost any function, occurred very well before Claimant initially obtained an financial desire in the Yukos shares,

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

Госдума приняла законопроект о реализации объектов ЖКХ на торгах

"Если инфляция и дальше будет устойчиво замедляться, мы исходим из того, что сможем начать снижать ключевую ставку в этом году, скорее, во второй половине года. ...

six Claimant would, in particular, really need to clearly show collusion among numerous branches with the Russian Federal government plus the Russian judiciary, along with the participation while in the conjectured conspiracy of Western financial establishments and Yukos alone. As mentioned in Annex E, the convoluted and contradictory positions Sophisticated by Claimant on this problem, supported only by constrained and unconvincing circumstantial evidence, never appear near to satisfying the demanded higher standard of proof

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405. The Tribunal considers being an First make a difference that, on The idea of its conclusions in relation into the Conference from the definitions of "Trader" and "expense", it has jurisdiction over the dispute as Claimant was an investor with the expense with the day of the share buys in late 2004 until finally the day that Yukos ceased to exist. In the course of that interval the IPPA applied to Respondent and traders from the uk. 406. The main alleged acts of Respondent breaching the IPPA, specifically the auction of YNG shares as well as personal bankruptcy auctions, all happened immediately after Claimant was an investor beneath the IPPA. 407. Specific tax assessments and relevant acts and conduct of Respondent that happen to be content to Claimant’s assert happened prior to Claimant getting an investor. The Tribunal considers that it's not prevented from reviewing These acts and the conduct of Respondent to be able to tell its selection on no matter whether Respondent breached the IPPA and destroyed Claimant’s financial commitment through the time period Claimant owned the shares and qualified being an Trader. The alleged acts (YNG auction and individual bankruptcy auctions) that occurred throughout the interval Claimant was an investor under the IPPA https://rosinvest.com ended up inextricably linked to the taxation assessments and audit reviews that occurred previous to Claimant becoming an investor. The tax assessments, audits and enforcement actions might hence be taken into account When thinking about the YNG auction and individual bankruptcy auctions. 408. The Tribunal, thus, considers that it will be able to critique factual issues and legal actions that happened prior to Claimant’s invest in of Yukos shares so that you can notify its investigation on the alleged acts which, bearing in mind the Tribunal’s conclusion on Assembly the definition of "investor" and "expenditure", indisputably occurred when Claimant held Yukos shares. 409. However, even though the Tribunal just isn't prevented from locating that Respondent breached the IPPA in regard of Claimant on The idea of rationae temporis, the Tribunal may bear in mind the timing of your share acquire in its thought of damages and their valuation, The Tribunal considers which the timing of Claimant’s share purchase will inform the Tribunal’s consideration on the quantum of any damages awarded.

(b) Buying the Russian Federation to pay interest on the quantity awarded at a normal professional amount, for example LIBOR additionally 4%, compounded semi-yearly with the day of valuation until total payment continues to be manufactured;

210. As established forth at ¶¶ 239-241 of R-f and ¶¶ 107 and 108 of R-II and discussed in Respondent’s oral pleadings, Post five(two) of your IPPA permits a shareholder, together with a minority shareholder, to say oblique claims according to an alleged de jure or de facto expropriation with the property of the regionally integrated business that deprives the shareholder of use and good thing about its shares, 211. Claimant for that reason has the burden of creating that (i) Respondent expropriated all or many of Yukos’ assets and therefore adopted a "evaluate owning outcome equivalent to nationalisation or expropriation" of the Yukos shares and (ii) the conduct that brought on the indirect expropriation from the Yukos shares happened following Claimant built an expenditure.

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

3.3. Except if or else agreed among the Parties or dominated by the Tribunal, witnesses and industry experts might be current in the Hearing area throughout the testimony of other witnesses https://rosinvest.com and professionals.

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(b) Nor has the Russian Federation rebutted the evidence which the tax assessments ended up discriminatory, because the therapy of Yukos from the Russian tax authorities was dramatically distinct from its therapy of other likewise situated Russian oil providers.