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(1) Neither Contracting Party shall in its territory subject matter investments or returns of investors of one other Contracting Celebration to procedure a lot less favourable than that which it accords to investments or returns of investors of any 3rd Condition.
Ситуация с паводком в Самарской области стабилизируется к концу недели - МЧС
5. At some time that Claimant made its buys, Yukos shares had been trading at rates very well beneath their historic highs, owing in large part to the menacing tone that were taken toward Yukos by the Government in the Russian Federation. By ' the autumn of 2004, the CEO and other major professionals of Yukos had been arrested and were being staying detained on different expenses, as well as the tax authorities with the Russian Federation had started to j assert monumental claims for again taxes from Yukos heading again on the year 2000.
(a) the different alternatives and techniques in Russian law and practice concerning the registration of shareholders, and on that foundation;
seven. To distract the Tribunal from the proof which the Russian Federation utilised its tax laws to engineer the expropriation and re-nationalization of Yukos’ assets, the Russian Federation to start with assaults Claimant and its relationship to the Elliott, a private financial investment partnership, which it describes as "a infamous US-based ‘vulture fund' and an archetype of.
three.7 Regarding the Participation Agreements, what is the relevance of Ny law since the governing legislation, of Russian legislation and of Intercontinental regulation, notably the IPPA, for the issues to be resolved through the Tribunal from the, present situation?
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"A tax or tax enforcement that singles out a specific investor (or team of investors) gets to be https://rosinvest.com suspect, especially if these singling-out and discriminatory enforcement correlate with political opposition among that investor and the powers controlling the state.... In this sort of conditions, the load of demonstrating a ‘genuine cause’ should https://rosinvest.com be much higher than in instances of differentiated tax therapy exactly where no specific suspect basis for the differentiation is on the market.
two. Respondent 265. Respondent statements that the Denmark-Russia BIT is excluded from applying to your existing situation as Write-up eleven(three) of that treaty offers: "The provisions of the Settlement shall not utilize to taxation.". Respondent asserts that consequently all statements premised on Russian "taxation" needs to be excluded. Claimant has built no try and display, a lot less to quantify, that it was completely or significantly deprived of its investment due to acts complained of, if any, other than taxation. On this basis likewise, Claimant’s claim should be denied. (¶234 R-I) 266. In the event that the Tribunal considers that this defence based upon exclusion of taxation matters because of Posting eleven(three) of your Denmark-Russia Little bit must be classified as One more jurisdictional objection, Respondent promises the Tribunal has authority and discretion under Post 22 of your 1999 Stockholm Arbitration Guidelines to permit Respondent to amend its pleading. Claimant wouldn't be prejudiced by such a ruling because Claimant was not a effective proprietor of your Yukos shares all through just about each of the period of time wherein Russian "taxation" is alleged to get violated the IPPA. (Footnote 432 R-I) 267.
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The Respondent argues that RoslnvestCo "has the entire stress of creating that the steps it complains of do not gain from the presumption of legality to which These are entitled less than Worldwide regulation. "one
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