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3rd, the damages Claimant seeks are based on an Evaluation at odds Together with the statements in Claimant’s Reply that Yukos' tax assessments weren't them selves expropriatory steps. As the supplemental skilled report of Professor James Dow displays, LECG’s calculation of damages, on which Claimant relies, relies on the exact same "retroactive" tax statements that RoslnvestCo now acknowledges didn't represent functions of expropriation and, in almost any function, happened well just before Claimant initial obtained an economic interest during the Yukos shares,

d. Even though Russian regulation ruled the relationship involving Claimant and CSFB, and perhaps if CSFB had acted as Claimant’s "commission agent", Claimant would in reality have already been acting since the agent for Elliott Global, the principal and valuable operator in the shares for as long as the Participation Agreements ended up in outcome, (¶¶five-nine RPHB-n)

(Indeed, if a thief is outlined to include a person who sells some other person’s property, then Claimant would have been performing as being a thief experienced Claimant offered the Yukos shares to your bona fide purchaser for worth,) 226. Respondent submits that a sale of residence in violation of your legal rights with the lawful owner are unable to transform an unauthorized seller right into a safeguarded investor. If Claimant wasn't in any other case a shielded Trader - and Claimant was not - then Claimant did not turn into a guarded investor basically due to the fact Claimant’s bona fide purchaser would have been ready to accumulate superior title towards the Yukos shares experienced Claimant compounded its wrongdoing, and failed to disclose that it wasn't the owner of those shares. It cannot be the situation possibly which the violation of ! a celebration’s property rights may give increase to treaty rights or which the interests of the thief are to be chosen more than Those people of the "sincere" vendor who informs his purchaser that he isn't the operator of your assets being sold, and as outcome can not produce excellent title. Issue three.nine 227. The Get-togethers are invited to remark in greater detail about the url which has been alleged to exist concerning the criminal prosecutions of Mr. Khodorkovsky and also the reassessments from the taxes claimed to become because of from Yukos. Claimaint (¶ 135 CPHB-I) 228. Russian authorities arrested Mr, Khodorkovsky on 25 Oct 2003 on prices largely stemming through the 1994 privatization of Apatit (a business unrelated to Yukos), While the overall Prosecutor’s Business office of the Russian Federation experienced concluded that there have been "no grounds for it to choose action." (CM-423) Six months later, in December 2003, tax authorities commenced the re-audit of Yukos that reversed the results of their before audit and assessed billions of pounds of tax statements. The Audit Report with the December 2003 re-audit expressly referred on the prison prosecution of Yukos executives as a foundation for rebutting the presumption of good religion to which Russian taxpayers are entitled. (CM-60 at 14) 229. The 6 April 2004 letter with the Deputy Minister of Taxes and Levies from the Russian Federation to Yukos once again expressly linked the tax assessments from Yukos to Mr. Khodorkovsky, this time with reference to his political writings. Taken along with the many departures from established Russian law that enabled the expropriation and renationalisation of Yukos’ assets, these specifics counsel the strategic goal of returning petroleum belongings to the control of the Russian Point out was closely linked to an effort to suppress a political opponent.

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

"Красиво получилось... даже очень! Сделаем ещё в этом году подсветку здания... И можно будет начинать внутренний ремонт всех помещений, включая выход на смотровую ...

and (two) a chronological list of all reveals with indications where by the respective documents are available within the file.

Поврежденный при обрушении моста ж/д путь начали менять в Вязьме

And as are going to be witnessed under, for many months following Claimant initial turned a nominal operator from the Yukos shares, they might have been bought for what a reasonable investor would have deemed an exceptionally handsome revenue—a return of just about twenty% for every annum. But a decision was built not to provide the Yukos shares for "tiny" earnings, but as a substitute to keep the shares, and produce this declare, trying to find damages wholly divorced from the amount of any expenditure that Claimant may plausibly be considered having built.

On the other hand, the Events are encouraged to concur on interpreters and make prevalent preparations Within this regard. Must more than one witness or expert require interpretation, to avoid the want of double time for successive interpretation, simultaneous interpretation shall be offered.

Строители завершили надвижку пролета моста на станции БКЛ "Текстильщики"

Глава МЧС отметил положительную динамику с половодьем в ряде субъектов ПФО

fifty four. The Respondent also argues that Claimant has not shown that it absolutely was deprived of any "fundamental ownership rights " in its financial commitment. In case the Respondent is correct that "the appointment of a receiver to liquidate a company or other house constitutes an expropriation if it does not constitute a reputable exercising with the Point out’s regulatory power," then the Respondent’s appointment of the receiver on 4 August 2006 also deprived Claimant of fundamental possession rights in its financial commitment on that day.

684. The Tribunal can take into consideration the parties’ responses into the Tribunal’s Concern 3.10 of PO-five and specially notes that the get-togethers equally make reference to and concur that Posting five(one) of your IPPA necessitates that for an expropriation below Short article five(1), "desire at a normal https://rosinvest.com industrial price shall accrue until eventually the day of payment" on the level of "satisfactory and productive payment. The Tribunal is aware this ruling in Report five refers to the lawful expropriation and that, in the present circumstance as found above, the Tribunal considers the expropriation to generally be in breach of Article 5 and so illegal consequently demanding the standard of damages in Intercontinental legislation also for your calculation of curiosity. Nevertheless, the Tribunal notes that the get-togethers have both referred towards the fascination provision of Posting five(one) also with regards to a acquiring of illegal expropriation. 685. On The premise on the events’ identical submissions on this issue and in watch of your IPPA providing direction for that price in Write-up five, the Tribunal finds it suitable that curiosity at a standard commercial charge can also be due about the sum awarded as damages. 686. Regarding the problem precisely what is in actual fact the normal industrial amount, Claimant requests LIBOR + four percent, compounded semi-each year, when Respondent considers the one-year LIBOR or EURIBOR price as relevant uncompounded. The Tribunal considers, that in watch with the phrase "typical" in Article five(one), the LIBOR fee ought to be relevant with none addition. 687. The problem of whether the fascination need to be calculated on a straightforward or compound foundation is 1 which the Tribunal has sought to reply by reviewing the carry out of Claimant and its final owner, Elliott International. 688. The Tribunal considers that in the situation of the damages award the payment of curiosity is necessary as a way to assure entire reparation for that act which induced problems, but which the method of calculation need to be set so as to attain a result of complete reparation, The Tribunal considers that complete reparation In cases like this must take note of the nature of Claimant’s investment. 689. Even though current financial commitment treaty arbitrations have awarded compound curiosity to claimants, the Tribunal notes this follow is in no way unanimous.

(b) Nor has the Russian Federation rebutted the evidence that the tax assessments were discriminatory, as the remedy of Yukos because of the Russian tax authorities was drastically various from its remedy of other equally positioned Russian oil corporations.