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With regard to additional arguments on jurisdiction at this time from the technique, the Tribunal has taken Take note of the new relief sought by Respondent regarding jurisdiction, and on the events’ replies into the Tribunal’s Problem three.
In response, Claimant has essentially transformed its story. As set out in Claimant’s Reply, Claimant now asserts that it had been the lawful (or nominal) operator on the Yukos shares constantly right up until they had been de-mentioned in late 2007, Which Yukos’ property (instead of Claimant’s desire while in the Yukos shares) were expropriated during the YNG auction and in subsequent auctions held, commencing in March 2007, in implementation from the ' bankruptcy court’s get that Yukos be liquidated.
d. YNG auction: The Tribunal remembers the situation explained over When thinking about this auction. In particular, it's been observed that the two bidders basically participating were don't just beneath Respondent’s Handle but which the winning bidder was a completely unknown company just developed before the auction and disappearing appropriate following the auction and assigning its passions to Rusian point out-owned Rosneft. The instances this bidder was even more located to get no true offices and However was ready to lift the deposit in the array of USS one.
"В связи с повышением средних температур воздуха специалисты ПАО "МОЭК" перевели систему теплоснабжения на минимальные параметры по температуре и циркуляции. В настоящее ...
Временный железнодорожный переезд обустроят на месте ЧС в Вязьме
"Крупный мусоросортировочный комплекс предусмотрен в концессионном соглашении, в этом году они (концессионеры — ИФ) начнут стройку, на наших полигонах тоже установим ...
c. Repeat offender fines: The US$ three.eight billion repeat offender fines on The idea of carry out pre-courting the tax audit once again seems into the Tribunal as being a departure from practice utilized previously and from that granted to other organizations and thus to be one particular Component of a cumulative hard work to prevent Yukos’ ongoing existence.
"Мы на юге столицы формируем новый дорожный каркас. Идет работа по соединению южного направления Московского скоростного диаметра. В конце этого года мы должны прийти ...
The termination of your Participation Agreements on March 27, 2007 couldn't, in almost any party, have established a secured financial commitment. By that point, https://rosinvest.com the tax assessments against Yukos were closing and irreversible, the YNG shares had been bought at auction, Yukos were declared bankrupt and the final conclusion to offer Yukos’ property and dissolve the organization were manufactured.
213. Claimant stands by its statement within the hearings, that just the language of your IPPA - as interpreted on the basis of the rules and ideas of customary Worldwide legislation codified during the Vienna Convention - is suitable to your dilemma no matter if Claimant can be an "Trader" by having an "financial investment." The big apple legislation is pertinent only to the construction with the Participation Agreements. 214. In the hearings, Claimant submitted that Russian legislation, Russian Securities Laws plus the Participation Agreements, are irrelevant. This scenario must not, cannot and does not activate the interpretation software of Russian law or even the law of the Point out of Ny. Claimant has, all the time certified being an investor beneath the IPPA.
Paperwork [ ] reveal that Claimant to start with turned the valuable operator with the Yukos shares in 2007, prolonged soon after these proceedings ended up commenced and only months in advance of completion of Yukos’ liquidation in personal bankruptcy proceedings. All of the time previous to 2007, the not long ago developed files exhibit the helpful operator on the Yukos shares to happen to be a limited partnership recognized within the Cayman Islands, a jurisdiction not protected by the united kingdom-Soviet BIT.
9. When these diversionary arguments are set aside, it gets to be distinct which the Russian Federation has but one particular defense: that its steps against Yukos really should be considered appropriate, simply because its domestic courts upheld them. Very similar lawful arguments have been advanced in regards to the legal processes by which two of Henry VIII's wives misplaced their heads, plus the Russian Federation’s existing arguments are as https://rosinvest.com unconvincing as Those people ended up.
7 million. In the alternative, Respondent ought to be ordered to pay for compensation equal to the worth that expenditure would have experienced on the day in the award;
In addition to the foregoing time-dependent defenses, there are actually other Similarly sturdy grounds for dismissal of Claimant’s claim on The premise in the provisions of the UK-Soviet BIT and as a issue of community Worldwide regulation.