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Claimant, in its Reply, will not contest Respondent’s demonstration in Annex B into the Statement of Defense which the setting up price, last cost and various parameters of the YNG auction ended up in compliance with Russian regulation and in keeping with Intercontinental observe, and the steps of Yukos and its administration - in blocking the participation with the most probably bidders and sources of finance - were responsible for The reality that the price understood for the YNG shares, whilst bigger than a lot of pre-auction valuations, was not bigger continue to

Большинство всех выявленных на территории Московской области нарушений — это ...

Дороги в городах и поселках вдоль БАМ отремонтируют в Иркутской области

Завершается реставрация консерватории имени Римского-Корсакова в Петербурге

(a) Claimant may submit new files in rebuttal to The brand new paperwork handed out by Respondent, with its Closing Assertion with the hearing; and

To facilitate that pieces might be taken out and copies could be created, submissions of all documents including statements of witnesses and gurus shall be submitted divided from Briefs, unbound in two-ring binders and preceded by a list of these types of paperwork consecutively numbered with consecutive numbering in afterwards submissions (CM-1, CM-2 etc.

six. Soon after this Award on Jurisdiction, the Tribunal will enter into consultation Using the Events concerning the even further conduct from the deserves section of this arbitration.

Second, for the vital date - the day of commencement of this arbitration in Oct 2005 - Claimant was not entitled to most-favored-country treatment as regards the administration, servicing, use or satisfaction of the guarded financial commitment pursuant to Article three(2) of the united kingdom-Soviet Little bit in connection with Report 8 in the Denmark-Russia BIT - the only foundation on which this Tribunal has Beforehand established that it could believe jurisdiction around Claimant’s declare.

Khodorkovsky’s letter, Yukos as an alternative turned down this overture. Alternatively, in its response of April 8, 2004, and that is from the report (RM-1548), Yukos Once more reiterated the place the tax assessment was contrary to regulation, introducing a legally irrelevant - but politically unambiguous - reference to your assist that Yukos claimed to delight in from functions "in Russia and overseas" an unsubtle sign that Yukos meant to carry on to mobilize overseas allies To place stress to the Russian Authorities, Confronted with this particular sign that, whichever Mr. Khodorkovsky’s letter may have intended, Yukos wasn't considering compromising its tax liability but intended alternatively to carry on resisting payment, the authorities one week later on received the freeze get of April fifteen, 2004, citing inter alia the continuing "unresolved controversies" with Yukos. 242. Thereafter, Yukos’ management intensified its resistance, failing to help make court docket-purchased payments of taxes, concealing company guides to frustrate attachments, seeking to mislead the authorities into accepting presently-encumbered assets as stability, "bleeding" virtually US$ 2 billion out of YNG when it turned obvious that It might be auctioned, looking to sabotage that auction by commencing bankruptcy proceedings in the United States (around the toughness of an 11th hour deposit of all of US$ one.5 million within a US bank account), and diverting supplemental billions of bucks well worth in assets right into a Dutch stichting whose founding instrument recited that its intent was to defeat Russian tax promises. Although the result of all this is the fact Mr. Khodorkovsky and his allies (like a few of Yukos’ former supervisors) have to this point been in the position to retain control of those international property, their strategy was in all other respects unsuccessful, and disasterous for Yukos’ other shareholders. Query three.10 243. With out prejudice to any long term choice from the Tribunal, in the event that the Tribunal helps make an award of compensation, Exactly what are the ultimate positions with the Parties pertaining to curiosity on such compensation?

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

As will likely be witnessed later on, the Tribunal feels it ought to look at the totality of Respondent’s steps inside their cumulative result such as the conduct of your courts, but on no account restricted to them. 275. The Tribunal emphasises once more that an international arbitration tribunal, in addition to this Tribunal working with alleged breaches from the IPPA, isn't an appellate entire body and its perform is not to right mistakes, of domestic procedural or substantive law which can are actually fully commited because of the nationwide courts. The Tribunal stresses that the brink in the Intercontinental delict of denial of justice is significant and goes considerably further than the mere misapplication of domestic legislation. 276. To determine the scope of denial of justice, the Tribunal requires under consideration the many authorities that have been referred to because of the Functions. In Mondev v. United states of america of The usa (Ex RA-19), para. 127, the NAFTA tribunal, counting on the ELSI situation, held: "The take a look at is just not no matter if a particular result is stunning, but whether or not the shock or surprise occasioned to an neutral tribunal prospects, on reflection, to justified fears as on the judicial propriety of the outcome, hearing in mind to the a single hand that Global tribunals will not be courts of appeal, and on the other hand that Chapter 11 of NAFTA (like other treaties for your protection of investments) is meant to supply a real evaluate of safety. Ultimately the concern is whether or not, at an international level and acquiring regard to generally acknowledged specifications with the administration of justice, a tribunal can conclude in the light of all of the https://rosinvest.com available information the impugned final decision was Plainly inappropriate and discreditable, with the result that the investment is subjected to unfair and inequitable remedy. "

"Сделано очень много, но задумок и планов у нас гораздо больше.

684. The Tribunal requires into consideration the events’ solutions to your Tribunal’s Problem three.ten of PO-5 and notably notes the events each seek advice from and concur that Posting five(one) with the IPPA needs that for an expropriation beneath Article five(1), "fascination at a standard professional rate shall accrue right until the date of payment" on the level of "adequate and powerful compensation. The Tribunal is mindful this ruling in Report 5 refers into a lawful expropriation and that, while in the current case as viewed higher than, the Tribunal considers the expropriation to generally be in breach of Write-up 5 and so illegal as a result necessitating the normal of damages in Intercontinental legislation also for your calculation of curiosity. On the other hand, the Tribunal notes the parties have the two referred to your fascination provision of Article five(one) also with regard to a discovering of illegal expropriation. 685. On the basis with the functions’ comparable submissions on this issue and in view on the IPPA providing direction for that level in Post 5, the Tribunal finds it acceptable that curiosity at a standard industrial fee is likewise thanks around the sum awarded https://rosinvest.com as damages. 686. Regarding the problem precisely what is actually the conventional industrial price, Claimant requests LIBOR + four p.c, compounded semi-on a yearly basis, while Respondent considers the one-yr LIBOR or EURIBOR price as applicable uncompounded. The Tribunal considers, that in look at of the phrase "typical" in Short article five(one), the LIBOR fee should be applicable with none addition. 687. The dilemma of whether the fascination really should be calculated on a straightforward or compound foundation is one particular which the Tribunal has sought to answer by examining the carry out of Claimant and its ultimate operator, Elliott Global. 688. The Tribunal considers that in the situation of a damages award the payment of interest is critical to be able to assure comprehensive reparation with the act which brought about harm, but which the mode of calculation must be set In order to attain a results of total reparation, The Tribunal considers that comprehensive reparation In cases like this will have to take note of the nature of Claimant’s investment decision. 689. Though latest financial commitment treaty arbitrations have awarded compound interest to claimants, the Tribunal notes this practice is in no way unanimous.

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