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621. In summary thus, the Tribunal considers that the totality of Respondent’ measures were structured in this kind of way to remove Yukos’ assets with the Charge of the corporate as well as individuals connected with Yukos. They must be seen as features during the cumulative treatment method of Yukos for what seems to happen to be the supposed purpose. The Tribunal, in reviewing the various alleged breaches on the IPPA, even if the justification of a particular particular person evaluate could possibly be arguable as an admissible software in the suitable regulation, considers that this cumulative effect of Those people various steps taken by Respondent in regard of Yukos is pertinent to its conclusion beneath the IPPA. An illustration is, as Claimant has pointed out, that In spite of acquiring utilised almost identical tax constructions, no other Russian oil firm was subjected to the same relentless and rigid assaults as Yukos. While in the look at of your Tribunal, they can only be comprehended as measures under a standard denominator inside a sample to damage Yukos and get Handle about its assets. 622. The Tribunal now turns for the assessment of the standards offered in Posting 5(1) IPPA. During this regard, the Tribunal, without having repeating them, refers back to the comprehensive arguments by both of those Get-togethers summarized previously mentioned In this particular Award on the various areas of the alleged getting and also the Tribunal’s respective feedback. 623. A measure constitutes an expropriation if it has the outcome of a substantial deprivation of house forming all or a cloth Portion of the investment decision, and In case the evaluate is attributable to Respondent. If it is an expropriation, it's lawful if the necessities set forth in Write-up five IPPA are complied with. 624. With this context, the Tribunal has taken Notice in the get-togethers’ responses into the Tribunal’s Issues three.four and three.6 of PO-5. The Tribunal shares Respondent’s see that which the time period "measures obtaining result comparable to nationalisation or expropriation" addresses indirect expropriation, but without dispensing Along with the necessity of a considerable or whole deprivation of (i) the financial worth of an investment decision (as Claimant articulated the standard at the hearing), (ii) essential ownership rights, especially, control of an ongoing business, or (iii) deprivation of legit expense-backed expectations.

Preliminary notification of which witnesses discovered by the opposite occasion that each bash is likely to need to cross examine at hearings.

(In fact, if a thief is defined to include someone that sells some other person’s house, then Claimant would have been acting for a thief had Claimant marketed the Yukos shares into a bona fide purchaser for price,) 226. Respondent submits that a sale of house in violation of the rights of your lawful owner can't completely transform an unauthorized vendor into a shielded investor. If Claimant was not otherwise a guarded investor - and Claimant wasn't - then Claimant did not become a protected investor merely mainly because Claimant’s bona fide purchaser would've been capable to accumulate fantastic title to your Yukos shares experienced Claimant compounded its wrongdoing, and failed to disclose that it was not the owner of Individuals shares. It cannot be the case either which the violation of ! a party’s residence rights can give rise to treaty rights or the interests of a thief are being desired over those of an "truthful" vendor who informs his purchaser that he is not the owner of your home getting marketed, and as consequence simply cannot provide excellent title. Issue 3.nine 227. The Get-togethers are invited to comment in greater element around the link that's been alleged to exist involving the legal prosecutions of Mr. Khodorkovsky and also the reassessments of the taxes claimed to become owing from Yukos. Claimaint (¶ a hundred thirty five CPHB-I) 228. Russian authorities arrested Mr, Khodorkovsky on twenty five October 2003 on rates generally stemming through the 1994 privatization of Apatit (a firm unrelated to Yukos), Though the General Prosecutor’s Workplace on the Russian Federation experienced concluded that there were "no grounds for it to consider motion." (CM-423) 6 weeks afterwards, in December 2003, tax authorities commenced the re-audit of Yukos that reversed the results in their previously audit and assessed billions of pounds of tax statements. The Audit Report of your December 2003 re-audit expressly referred https://rosinvest.com on the felony prosecution of Yukos executives as a foundation for rebutting the presumption of excellent faith to which Russian taxpayers are entitled. (CM-60 at fourteen) 229. The 6 April 2004 letter in the Deputy Minister of Taxes and Levies on the Russian Federation to Yukos yet again expressly related the tax assessments in opposition to Yukos to Mr. Khodorkovsky, this time with reference to his political writings. Taken along with the numerous departures from set up Russian regulation that enabled the expropriation and renationalisation of Yukos’ belongings, these facts recommend the strategic aim of returning petroleum property to the control of the Russian State was intently linked to an hard work to suppress a political opponent.

Taking into account the Calculation of Listening to Time attached to this Buy, the overall most time obtainable for the Functions (such as their opening statements and shutting arguments, if any) shall be as follows:

(a) Claimant may perhaps submit new documents in rebuttal to the new documents handed out by Respondent, with its Closing Assertion on the Listening to; and

"Президент Путин поговорил по телефону еще раз с губернатором Оренбургской области Денисом Паслером.

Крыша двухэтажного дома загорелась в центре Ростова-на-Дону

На финальном этапе находится пусконаладка инженерных систем и декоративная отделка. ...

(d) no matter whether very similar treatments of registration were used for other shareholders of Yukos and for shareholders of other providers in Russia.

three.6. If a witness whose statement continues to be submitted by a celebration and whose evaluation at the Hearing has long been requested by one other Party, isn't going to seem in the Hearing, his assertion will not be taken into account by the Tribunal. A celebration may perhaps utilize with reasons for an exception from that rule.

Комплекс по производству мясной продукции расширят на западе Москвы

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

three.8. Should really the Functions be presenting a witness or qualified not testifying in English and so requiring interpretation, They're anticipated to offer the interpreter Except agreed or else.

Власти опровергли риск затопления микрорайонов в Тюмени