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Claimant, in its Reply, does not contest Respondent’s demonstration in Annex B towards the Statement of Defense which the starting off rate, remaining rate and other parameters of the YNG auction were being in compliance with Russian regulation and in line with Intercontinental apply, and which the steps of Yukos and its administration - in blocking the participation on the probably bidders and resources of finance - ended up answerable for The point that the value recognized with the YNG shares, even though increased than many pre-auction valuations, wasn't increased continue to
Preliminary notification of which witnesses determined by the opposite bash that every party is likely to desire to cross look at at hearings.
BFG was a Specific objective motor vehicle for Rosneft, the condition oil firm that had owned lots of Yukos' belongings just before their privatization from the 1990s and that now owns them all over again.
(1) Every single Contracting Get together shall motivate and generate favourable conditions for buyers of one other Contracting Social gathering to help make investments in its territory, and, subject matter to its ideal to physical exercise powers conferred by its legal guidelines, shall admit these kinds of investments.
The Russian tax authorities’ abandonment, just after YNG was transferred to Rosneft, of most in their claim to Virtually US$ four.four billion in again taxes that were assessed in opposition to YNG while it had been owned by Yukos is Similarly instructive.
Doc Request; Respondent to commence rolling creation of files in reaction to requests. not objected to.
This kind of compensation shall total to the value from the expense expropriated immediately ahead of the expropriation or impending expropriation grew to become general public knowledge. The compensation shall be paid out with out hold off, be freely transferable and shall consist of curiosity at the normal industrial amount. proven with a sector basis in the date of expropriation right until the day of payment,
Весенние работы по обновлению дорожной разметки начались в Москве
304. Claimant makes no individual assert depending on functions that transpired just after Claimant acquired beneficial ownership in 2007. In almost any event, no declare of expropriation might be dependent exclusively on these types of acts, considering that by that date the Tax Assessments for every of A long time 2000-2003 (and afterwards many years) had been definitely upheld because of the Russian courts, YNG had previously been bought, Yukos experienced previously been formally declared bankrupt, and its remaining property were being in the process of currently being liquidated. «221 R-I) Contentions in Respondent’s Surreply R-II 305. In its Surreply (R-II) Respondent argues that Claimant was neither the lawful https://rosinvest.com nor was it the financial operator of your Yukos shares prior to 2007. Respondent also rebuts Claimant’s arguments that Respondent’s reliance on customary Worldwide legislation is irrelevant. Claimant not the authorized proprietor 306. Regarding its claim that Claimant was not the legal proprietor, Respondent argues which the law under which the Tribunal will have to Examine Claimant’s assertion that it's the lawful operator of your Yukos s har es is Russian law. Less than relevant Russian legislation, CSFB was the authorized owner on the Yukos shares. Beneath Russian regulation, specifically the Federal Regulation "To the Securities Current market" (RM-841 and RM-845), only persons listed (in so-termed "depo-accounts") on the books and documents of the certified securities depository are lawfully recognised as being the house owners with the https://rosinvest.com relevant shares, and no other man or woman has any lawfully recognised rights as a shareholder in relation to the business, (¶¶l -7R-TU 307. CSFB was registered Together with the depository as being the holder in the Yukos shares and so was in any respect relevant times the sole person with authorized possession of your shares and for that reason the only man or woman entitled to lawful rights for a shareholder in relation to the organization for a issue of Russian regulation. (¶¶R-II) 308. Under the Russian Joint Stock Corporations Law, and confirmed because of the Supreme Arbitrazh Court docket (inside a situation cited in RM-851), CSFB, as being the authorized owner of your shares, was the one individual entitled to get notices of shareholders’ meetings, attend shareholders’ conferences and also to vote the Yukos shares. CSFB is usually the only real particular person entitled to obtain dividends and various distributions from Yukos. Appropriately, Claimant’s allegation that it "by yourself experienced the power to vote the shares and also to get any dividends or residual cash upon liquidation" (¶¶149 C-II) is unsupported and false.
Any new exception will, having said that, apply only to investments designed in its territory by traders of the other Contracting Party after the entry into pressure of these types of exception.
fifty one. The Respondent upcoming contends that, even assuming that Claimant created its expenditure in 2004 (since it did), Claimant was not deprived of the whole or significant worth of its financial investment, because many tax liens turned enforceable just before Claimant’s purchase of its shares, the shares experienced missing a substantial aspect of their market place value, and Yukos’ administration had declared that the organization was insolvent as of 31 Oct 2004. Again, the Respondent’s argument need to be rejected.
(one) Every single Contracting Get together shall promote in its territory investments by traders of one other Contracting Social gathering, make favourable conditions for them and confess this sort of investments in accordance with its laws.
(two) Investments of investors of every Contracting Bash shall all of the time be accorded reasonable and equitable remedy and shall get pleasure from entire protection and stability within the territory of one other Contracting Social gathering. Neither Contracting Celebration shall in almost any way impair by unreasonable or discriminatory actions the management, servicing, use, enjoyment or disposal of investments in its territory of traders of the other Contracting Social gathering.
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