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3rd, the damages Claimant seeks are dependant on an analysis at odds With all the statements in Claimant’s Reply that Yukos' tax assessments were not by themselves expropriatory measures. As the supplemental professional report of Professor James Dow shows, LECG’s calculation of damages, on which Claimant depends, is predicated on the same "retroactive" tax promises that RoslnvestCo now acknowledges did not represent functions of expropriation and, in any event, happened effectively just before Claimant 1st obtained an financial interest from the Yukos shares,
(d) Ordering that Claimant on your own shall be accountable for the costs in the arbitration, including the charges and expenses in the Tribunal and the SCC-Institute, Which Claimant shall reimburse the Russian Federation for its deposits previously built in regard on the charges and costs on the Tribunal as well as SCC-Institute; and
"Состоялось заседание экономического совета, на котором мы приняли важнейшее решение по реализации нового мегапроекта. В частности, в Тбилиси будет построен новый ...
Since Claimant did not make a guarded expense until March 2007, if whatsoever, RosInvestCo has deserted its declare that the tax assessments were on their own expropriatory measures. Claimant has as a substitute attempted to argue which the tax assessments have been basically the "pretext" for Respondent’s alleged expropriation of Yukos' assets. So that you can demonstrate which the tax assessments had been a sham or pretext, Claimant must meet up with a large normal of evidence - a "demanding" a person, Based on Claimant.
b. Respondent has founded that Russian law decides the connection among a Russian company and its shareholders.
At the same time, Yukos promoted two non-public pipelines that may have undermined the Transneft condition monopoly around the infrastructure for exporting oil from Russia. Additionally, by intending to promote a the greater part stake in alone to ExxonMobil, Yukos threatened To place a substantial Portion of the Russian Federation’s oil reserves underneath overseas Regulate.
Он будет включать в себя демонтаж оставшихся конструкций, проектно-изыскательские ...
МЧС доставило водоналивные дамбы в пострадавшую от паводка Оренбургскую область
368. Claimant’s assertion that the by no means defined "legal rights" it held underneath the Participation Agreements were being "shares" and as a consequence an "investment decision" under the IPPA is rejected. Claimant experienced no economic interest and suffered no decline Along with the increase and slide of the Yukos share value. Claimant’s have economical data showed that the alleged "investment decision" carried no worth for Claimant until eventually it appeared in 2007 as an asset following termination of your Participation Agreements. Claimant acknowledged within the Listening to that an "investment decision" have to have monetary benefit (Tr. p. 104) but attempts in CPHB-I (at ¶forty eight) to enlarge the that means of the expression in order to exclude only "legal rights or interests inherently incapable of having financial worth". This is Opposite to the common meaning of "asset". The case Eureko v Poland (RLA-166) cited by Claimant proven than an "investment" have to be some thing "owning financial value". Claimant fascination wasn't a bundle of rights, fairly it absolutely was a bundle of duties. Claimant was incapable of sustaining harm. (¶¶26 - 30 RPHB-II) 369. Claimant cited the tribunal in Azurix v Argentina (RLA-181) for that proposition that lawful ownership is not really required for treaty security, https://rosinvest.com even so suppressed the passage in that award requiring a claimant to acquire had a economic or other commercial fascination in the shares and, accordingly, to get experienced a financial or financial loss. Claimant’s reliance to the tribunal’s results during the Veteran Petroleum (RLA-195) case is Similarly misplaced. Not like this circumstance, claimant in Veteran Petroleum undeniably held effective ownership occasionally. The Russian law problem was not suitable to that circumstance, as it's In cases like this. (¶¶[31-34 RPHB-II) 370. Respondent factors to using the time period "asset" in Write-up 5 (Expropriation), The use of the time period "asset" in the definition of "expense" in Report I from the IPPA must have implied expression the asset have value. A valueless asset can not be expropriated. Respondent don't just cites the US Overseas Statements Settlement Fee and choices decided beneath customary Intercontinental regulation but in addition has Formerly cited published and oral pleadings within the interpretation of Content one(1) and 5 of the united kingdom-Czecho Slovakia BIT in Nagel v, Czech Republic (RLA-114), which totally supports Respondent’s interpretation of Posting 5 with the IPPA in addition to accurately emphasises that financial price may https://rosinvest.com be the effect of The principles of domestic regulation that make legal rights and give defense to them. (¶¶l35 -37 RPHB-II) Respondent’s argument supported by general Global law 371. Respondent further argues that a basic indicating interpretation from the Financial investment Definition is confirmed by customary international legislation regulations relevant in between the contracting events.
[], this Tribunal just isn't named upon to sit as an appellate courtroom of very last resort reviewing the Russian court docket decisions currently exhaustively litigated by Yukos. The Tribunal should as an alternative establish whether quod non any steps taken via the Russian authorities ended up sufficiently egregious as to represent actions tantamount to expropriation being a subject of general public Global legislation. [ ], the stress of proof here is squarely on Claimant’s shoulders.
На его долю пришлось около половины от общего объема вложений ...
desiring to build favourable situations for growing investments by buyers of 1 Contracting Occasion during the territory of the other Contracting Party,
"Специалисты комплекса городского хозяйства зафиксировали снижение объема талых вод, приходящих в водохранилища с водосборной территории. Это означает, что пик половодья ...
A number of effects stick to from this state of affairs, which serially and collectively mandate the dismissal of Claimant’s claim.