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Claimant also now expressly disclaims that the assessment of Yukos’ taxes, which featured so prominently in its prior submissions, constituted acts of expropriation.
Contrary into the illustration made by Claimant in its Assertion of Assert that it experienced "constantly held" the Yukos shares from your date of their initially obtain in 2004, through The whole lot of this era Claimant was only one in a sequence of nominees interposed in between Yukos and the Cayman Islands valuable operator in the Yukos shares, which, like Claimant, is owned and controlled by the Elliott Team.
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"Настало время провести вторую волну благоустройства и реабилитации больших московских парков.
Appropriately, Claimant can complain only of actions or situations that transpired right after it turned the helpful operator on the Yukos shares in 2007. By then, however, pretty much every one of the acts complained of in its Statement of Assert were by now earlier record.
На втором этапе работ специалисты обновят парк аттракционов и добавят новые возможности в рекреационной зоне рядом со станцией метро "Кленовый бульвар" и на площадках около исторических объектов.
b. Profit taxes: The Tribunal considers the legal landscape in impact throughout the period of time by which Yukos claimed the tax Advantages within the Very low Tax Regions was described by ambiguous legislation which Yukos Evidently utilized to its edge. However, the next re-application of amorphous principles of "excellent faith" and "proportionality" with fluid amounts of investment to get manufactured in the Low Tax Locations certainly are a j weak defence by Respondent provided the size in the tax assessed inside the re-assessment audits commencing in December 2003 and Yukos’ openness in Making the most of that tax https://rosinvest.com routine once the initial audits have been conducted and also ended up towards bona fide and discriminatory in see of your remedy of other equivalent businesses employing similar methods to keep away from taxes.
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4. Any witness or expert could only be recalled for rebuttal evaluation by a Party or maybe the users in the Tribunal, if these intention is announced in the perfect time to https://rosinvest.com assure https://rosinvest.com The supply of your witness and professional over the time of the Hearing,
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(1) Investments of traders of either Contracting Occasion shall not be nationalised, expropriated or subjected to measures having impact reminiscent of nationalisation or expropriation (hereinafter referred to as "expropriation") from the territory of the opposite Contracting Bash aside from a purpose which can be in the general public interest and isn't discriminatory and in opposition to the payment, without hold off, of ample and successful compensation. Such compensation shall volume to the actual, value of the financial commitment expropriated instantly ahead of the expropriation or prior to the upcoming expropriation became public knowledge, whichever is the earlier, shall be designed inside of two months on the day of expropriation, after which desire at a traditional commercial rate shall accrue till the date of payment, and shall be proficiently realizable and be freely transferable.
(1) Each and every Contracting Social gathering shall market in its territory investments by buyers of one other Contracting Party, generate favourable situations for them and confess these investments in accordance with its legislation.
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(a) Dismissing Claimant’s claims within the grounds the Tribunal lacks jurisdiction to entertain them;