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3rd, the damages Claimant seeks are based upon an Investigation at odds While using the statements in Claimant’s Reply that Yukos' tax assessments were not them selves expropriatory steps. As the supplemental professional report of Professor James Dow shows, LECG’s calculation of damages, on which Claimant relies, is predicated on the identical "retroactive" tax claims that RoslnvestCo now acknowledges did not represent acts of expropriation and, in any function, happened very well prior to Claimant initial acquired an financial desire while in the Yukos shares,
Preliminary notification of which witnesses identified by the opposite social gathering that each celebration is probably going to need to cross look at at hearings.
12. The UK-Soviet BIT delivers a cure for these violations of a point out's obligations. Claimant should be compensated for its proportional share of the value of Yukos had the property of Yukos not been unlawfully expropriated via the Russian Federation. [ ]"
Modifications to that basic principle can be applied for at the most recent at some time with the Pre-Hearing Meeting. In check out on the cancellation in the Pre-Listening to Convention it really is recalled the respective date is 7 December 2009.
6 Claimant would, especially, need to clearly show collusion among a number of branches in the Russian Government and the Russian judiciary, along with the participation within the conjectured conspiracy of Western economic establishments and Yukos alone. As talked about in Annex E, the convoluted and contradictory positions State-of-the-art by Claimant on this problem, supported only by confined and unconvincing circumstantial proof, do not occur near to gratifying the demanded superior normal of evidence
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.
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Respondent (¶¶ 39 - forty one RPHB-I) 202. Claimant’s unfounded assertion for the hearing notwithstanding, nothing at all in Russian legislation or apply would've prohibited Claimant from starting to be the legal operator from the Yukos shares. Respondent cited for the Listening to a leading commentary on Russian organization regulation, and two situations involving international functions who experienced come to be the authorized proprietors of Russian shares. These components stand unrebutted. 203. To ensure that Claimant to have grown to be the authorized proprietor of your Yukos shares, Claimant need to have have only entered right into a depositary account agreement with an authorized Yukos share depositary.
304. Claimant will make no separate claim based upon functions that happened after Claimant obtained useful ownership in 2007. In any celebration, no claim of expropriation may be based mostly solely on these functions, considering that by that day the Tax Assessments for every of Several years 2000-2003 (and afterwards decades) were definitely upheld from the Russian courts, YNG experienced now been offered, Yukos experienced now been https://rosinvest.com formally declared bankrupt, and its remaining property had been in the whole process of staying liquidated. «221 R-I) Contentions in Respondent’s Surreply R-II 305. In its Surreply (R-II) Respondent argues that Claimant was neither the authorized nor was it the financial proprietor from the Yukos shares right before 2007. Respondent also rebuts Claimant’s arguments that Respondent’s reliance on customary Intercontinental law is irrelevant. Claimant not the authorized owner 306. Regarding its claim that Claimant wasn't the authorized operator, Respondent argues which the law beneath which the Tribunal have to Assess Claimant’s assertion that it's the authorized proprietor in the Yukos s har es is Russian law. Less than applicable Russian legislation, CSFB was the legal owner from the Yukos shares. Beneath Russian law, specifically the Federal Regulation "On the Securities Sector" (RM-841 and RM-845), only persons listed (in so-identified as "depo-accounts") about the books and records of a accredited securities depository are legally recognised because the entrepreneurs from the relevant shares, and no other human being has any legally recognised legal rights as a shareholder in relation to the corporate, (¶¶l -7R-TU 307. CSFB was registered https://rosinvest.com Using the depository as the holder of your Yukos shares and therefore was at all pertinent periods the only man or woman with authorized ownership with the shares and thus the only man or woman entitled to authorized legal rights being a shareholder in relation to the corporation like a subject of Russian regulation. (¶¶R-II) 308. Underneath the Russian Joint Stock Companies Regulation, and verified with the Supreme Arbitrazh Courtroom (inside of a circumstance cited in RM-851), CSFB, as being the authorized owner from the shares, was the only real individual entitled to receive notices of shareholders’ meetings, go to shareholders’ meetings and also to vote the Yukos shares. CSFB is additionally the only real individual entitled to get dividends and various distributions from Yukos. Accordingly, Claimant’s allegation that it "alone experienced the facility to vote the shares and also to receive any dividends or residual resources upon liquidation" (¶¶149 C-II) is unsupported and Wrong.
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(2) Investments of buyers of each and every Contracting Celebration shall always be accorded fair and equitable cure and shall take pleasure in full security and safety inside the territory of the opposite Contracting Bash. Neither Contracting Bash shall in any way impair by unreasonable or discriminatory measures the administration, routine maintenance, use, pleasure or disposal of investments in its territory of traders of another Contracting Social gathering.
In its Statement of Defense, Respondent shown that Claimant was not the truth is the "ongoing" proprietor in the Yukos shares from late 2004 onwards, and indeed only first obtained an financial fascination during the Yukos shares in 2007, very well after all the principal activities Formerly complained of had happened.