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Third, the damages Claimant seeks are according to an Investigation at odds Along with the statements in Claimant’s Reply that Yukos' tax assessments weren't by themselves expropriatory actions. As being the supplemental skilled report of Professor James Dow demonstrates, LECG’s calculation of damages, on which Claimant depends, is based on exactly the same "retroactive" tax claims that RoslnvestCo now acknowledges didn't constitute acts of expropriation and, in almost any celebration, occurred effectively just before Claimant 1st obtained an financial desire within the Yukos shares,
"В рамках реализации девелоперского проекта инвестор проведет ремонт памятника "Поднимающий знамя", стоящего около здания бывшего кинотеатра "Брест" на Ярцевской ...
BFG was a Unique purpose car or truck for Rosneft, the state oil business that had owned lots of Yukos' assets previous to their privatization during the nineties Which now owns them yet again.
three.eight. Need to the Functions be presenting a witness or skilled not testifying in English and thus demanding interpretation, They are really expected to deliver the interpreter Until agreed in any other case.
In an identical vein, Annex BB plus the supplemental skilled report of Professor Elena A. Borisova refute Claimant’s charge the YNG auction - which likewise happened and became irreversible just before March 2007 - was "rigged, " resulted in the underneath-sector price tag and was usually incorrect. On the contrary, the YNG auction comported with Russian legislation in addition to Intercontinental apply. Listed here too, Claimant fails to deal with the carry out of the YNG auction while in the context of international follow.
(a) all-natural individuals possessing the citizenship or nationality of that Contracting Celebration in accordance with its laws,
Ремонт кирхи королевы Луизы будет продолжен в Калининграде
eight. The Respondent subsequent mounts a belated, unfounded, and scarcely veiled assault on the Tribunal’s jurisdiction, more than a yr following the Tribunal issued an in depth award discovering that it had jurisdiction In such a case.
Khodorkovsky’s letter, Yukos as an alternative rejected this overture. Rather, in its reaction of April 8, 2004, and that is during the report (RM-1548), Yukos Again reiterated the placement that the tax evaluation was Opposite to law, introducing a lawfully irrelevant - but politically unambiguous - reference to your assistance that Yukos claimed to love from events "in Russia and abroad" an unsubtle sign that Yukos supposed to carry on to mobilize overseas allies to put stress on the Russian Authorities, Confronted using this type of sign that, whichever Mr. Khodorkovsky’s letter may need intended, Yukos was not interested in compromising its tax legal responsibility but intended in its place to carry on resisting payment, the authorities a single 7 days later acquired the freeze buy of April fifteen, 2004, citing inter alia the continuing "unresolved controversies" with Yukos. 242. Thereafter, Yukos’ administration intensified its resistance, failing to produce courtroom-requested payments of taxes, concealing corporate textbooks to frustrate attachments, seeking to mislead the authorities into accepting now-encumbered belongings as safety, "bleeding" nearly US$ 2 billion from YNG when it became crystal clear that It will be auctioned, trying to sabotage that auction by commencing bankruptcy proceedings in the United States (about the energy of the 11th hour deposit of all of US$ https://rosinvest.com 1.five million in a US bank account), and diverting additional billions of pounds worth in assets into a Dutch stichting whose founding instrument recited that its reason was to defeat Russian tax promises. When the result of all this is the fact Mr. Khodorkovsky and his allies (like some of Yukos’ previous supervisors) have so far been capable to keep control of Those people international belongings, their technique was in all other respects unsuccessful, and disasterous for Yukos’ other shareholders. Problem three.10 243. Without the need of prejudice to any long run conclusion with the Tribunal, in case the Tribunal would make an award of payment, What exactly are the final positions of the Events regarding fascination on these types of compensation?
• The Russian Federation has did not rebut the proof that the revenue tax methods employed by Yukos have been legal during the years in question and that the Russian govt was effectively conscious of Yukos’ usage of Those people methods from prior audits of Yukos and. in the investing firms managed by Yukos.
Незаконное выделение земли под точечную застройку пресекли во Владивостоке
240. Though urging the Tribunal to attract this allegedly "honest inference," Claimant also claimed that it did not take into account it "vital" To place Mr. Khodorkovsky’s precise letter within the document, for causes that happen to be now obvious. With the hearing, Counsel for Respondent, under no circumstances owning seen Mr. Khodorkovsky’s letter, wasn't able to respond. After the hearing, nevertheless, counsel for Respondent were able to down load a duplicate in the letter (in English) from different Sites. That text entirely negates the "honest inference'' alleged by Claimant. It instead reveals the correct cause of the Ministry’s inquiry was the precise opposite of politically-motivated retaliation. The reason is that, The truth is, Mr. Khodorkovsky’s letter contained an astounding mea culpa, lambasting fellow "liberals" and himself for possessing been dishonest, cynical, lawless (such as as a result of acts of bribery), frivolous, egocentric, and insensitive for the pursuits in the country and its people - and urging this record of wrongdoing be acknowledged "with a way of shame." Much from criticizing President Putin, Mr. Khodorkovsky’s letter uncharacteristically urged aid for him as "an establishment that assures the place’s territorial integrity and stability The letter concluded, "To change the place, we must modify ourselves" 241. The tax authorities evidently considered these unprecedented admissions by Mr. Khodorkovsky to be a achievable provide of an olive department and, on the equally realistic assumption that Yukos’ management would on this event way too abide by Mr. Khodorkovsky’s Management, wrote to Yukos https://rosinvest.com inquiring, in outcome, no matter whether Mr. Khodorkovsky’s letter was a signal that Yukos was keen on settling the tax claims, which it did by requesting the organization "to substantiate the existence or absence of non-settled discrepancies" with regards to taxes for your calendar year 2000 (which at that time was still the only real tax calendar year that were reassessed). Oddly in light-weight on the seemingly apparent import of Mr.
Fourth Claimant, obtaining Beforehand presented to update its ex write-up calculation of damages only to discover that its prior estimate had been lowered by around a third because of the the latest stock-industry sell-off, now argues that its damages must in its place be calculated within the date that might create the very best possible award, regardless of whether the damages so calculated correspond to any reduction in fact suffered.
While the Russian Federation seeks to protect its having of Yukos’ assets as an appropriate exercising of its power to enforce its tax legal guidelines, the proof prior to the Tribunal reveals the tax steps directed towards Yukos had been an unconvincing pretext for an illegal expropriation.