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На территории Сибирского, Приволжского и Центрального федеральных округов в период ...

6 billion in taxes, interest, and fines. The timing in the audits and speed with which the tax authorities out of the blue uncovered an alleged US$ 24.one billion tax fraud are strong assist with the inference the tax assessments - lawful or not below Russian law (and they weren't) - were being a pretext for removing Mr. Khodorkovsky while renationalizing all of Yukos’ oil and fuel belongings.

12. The UK-Soviet BIT offers a treatment for these violations of the state's obligations. Claimant need to be compensated for its proportional share of the worth of Yukos had the property of Yukos not been unlawfully expropriated with the Russian Federation. [ ]"

,But a point out generally has The chance, as well as the obligation, to pull back again within the brink from committing an unlawful act. Investors are encouraged by treaties including the IPPA to take a position about the expectation that states will Keep to the legislation and honor their treaty obligations. The Respondent’s argument to the contrary is unbecoming a point out that professes to adhere to the rule of regulation.

The Law around the Securities Marketplace sets out in Short article 28 that for an organization for example Yukos, the proprietor of the shares is the individual registered because the operator around the publications of the corporation’s depositary.

(a) normal persons getting the citizenship or nationality of that Contracting Social gathering in accordance with its guidelines,

Крыша двухэтажного дома загорелась в центре Ростова-на-Дону

Second, in the vital date - the day of commencement of the arbitration in October 2005 - Claimant was not entitled to most-favored-nation treatment as regards the management, upkeep, use or enjoyment of the safeguarded investment decision pursuant to Post 3(2) of the united kingdom-Soviet BIT in reference to Post 8 with the Denmark-Russia Little bit - the one basis on which this Tribunal has previously determined that it could assume jurisdiction around Claimant’s assert.

368. Claimant’s assertion which the by no means described "legal rights" it held beneath the Participation Agreements ended up "shares" and therefore an "expenditure" underneath the IPPA is turned down. Claimant experienced no financial curiosity and suffered no loss While using the rise and slide from the Yukos share price tag. Claimant’s possess fiscal information showed that the alleged "expense" carried no price for Claimant until eventually it appeared in 2007 as an asset pursuing termination of the Participation Agreements. Claimant acknowledged within the Hearing that an "expenditure" will need to have economical benefit (Tr. p. 104) but tries in CPHB-I (at ¶48) to enlarge the that means with the expression so as to exclude only "legal rights or passions inherently incapable of having monetary benefit". This is often contrary for the normal meaning of "asset". The situation Eureko v Poland (RLA-166) cited by Claimant proven than an "investment decision" should https://rosinvest.com be one thing "having economic benefit". Claimant fascination wasn't a bundle of legal rights, instead it had been a bundle of duties. Claimant was incapable of sustaining injury. (¶¶26 - thirty RPHB-II) 369. Claimant cited the tribunal in Azurix v Argentina (RLA-181) to the proposition that legal ownership just isn't needed for treaty defense, nevertheless suppressed the passage in that award necessitating a claimant to have had a financial or other commercial curiosity in the shares and, accordingly, to possess experienced a financial or financial loss. Claimant’s reliance around the tribunal’s conclusions in the Veteran Petroleum (RLA-195) scenario is Similarly misplaced. Compared with this scenario, claimant in Veteran Petroleum undeniably held useful ownership on occasion. The Russian legislation difficulty wasn't pertinent to that case, as it's In cases like this. (¶¶[31-34 RPHB-II) 370. Respondent factors to the use of the time period "asset" in Posting five (Expropriation), The use of the time period "asset" within the definition of "expenditure" in Report I from the IPPA will need to have implied phrase which the asset have worth. A valueless asset cannot be expropriated. Respondent don't just cites the US Foreign Promises Settlement Fee and decisions resolved below customary Intercontinental law and also has previously cited published and oral pleadings to the interpretation of Content 1(1) and 5 of the UK-Czecho Slovakia BIT in Nagel v, Czech Republic (RLA-114), which absolutely supports Respondent’s interpretation of Article five on the IPPA as well as appropriately emphasises that fiscal value is definitely the influence of the rules of domestic legislation that make rights and provides security to them. (¶¶l35 -37 RPHB-II) Respondent’s argument supported by typical Worldwide regulation 371. Respondent even further argues that a plain this means interpretation in the Financial commitment Definition is confirmed by customary Global legislation guidelines relevant among the contracting functions.

The details, as soon as understood, also sharply contradict the really implausible conspiracy concept Claimant proposes (on The idea of what it admits is "circumstantial evidence") as a proof for Yukos’ demise. Claimant's grand conspiracy, which accuses Respondent of deliberately destroying Yukos in an effort to "re-nationalize" its petroleum belongings, is basically borrowed in the self-serving propaganda that Yukos’ former professionals and managing shareholders spread through the media in their attempts to intimidate Respondent from imposing its laws.

МЧС доставило водоналивные дамбы в пострадавшую от паводка Оренбургскую область

4. In its Statement of Defense, the Russian Federation attempts to dismiss RosInvestCo’s claim like a dispute about tax enforcement arid an unproven "conspiracy concept" that may be "completely implausible. " It is neither. It's really a assert for expropriation based on the documented steps with the Russian Federation.

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(a) Dismissing Claimant’s statements on the grounds the Tribunal lacks jurisdiction to entertain them;

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