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With regards to even further arguments on jurisdiction at this stage in the method, the Tribunal has taken Take note of The brand new relief sought by Respondent relating to jurisdiction, and of the parties’ replies for the Tribunal’s Question three.

seven. When Claimant acquired its Yukos shares, it had been significantly from certain that the company’s difficulties would verify being anything other than non permanent. At that time;

- the inclusion in Yukos’ receivership proceedings on the statements regarding Yukos’ unpaid tax liabilities.

Кроме того, реорганизуют пространство возле дворца царя Алексея Михайловича и Дьякова городища.

От причала Коломенское начинается круговой прогулочный маршрут по Москве-реке, его тоже приведут в порядок. Причальную площадь реконструируют.

5. The Russian Federation’s expropriation of Yukos’ property constitutes an expropriation of RoslnvestCo’s financial commitment. RoslnvestCo should be compensated for this unlawful expropriation in accordance with the conventional established forth in the Chorzow Manufacturing facility circumstance, i.

Мэр напомнил, что в царское время Коломенское славилось своими фруктовыми садами.

На финальном этапе находится пусконаладка инженерных систем и декоративная отделка. ...

304. Claimant would make no different claim based upon acts that happened right after Claimant obtained useful ownership in 2007. In any celebration, no declare of expropriation may be centered solely on these acts, considering that by that day the Tax Assessments for every of Decades 2000-2003 (and afterwards several years) were surely upheld by the Russian courts, YNG had currently been marketed, Yukos had presently been formally declared bankrupt, and its remaining assets were being in the whole process of remaining liquidated. «221 R-I) Contentions in Respondent’s Surreply R-II 305. In its Surreply (R-II) Respondent argues that Claimant was neither the legal nor was it the economic proprietor of the Yukos shares before 2007. Respondent also rebuts Claimant’s arguments that Respondent’s reliance on customary international regulation is irrelevant. Claimant not the lawful operator 306. With regards to its declare that Claimant was not the authorized owner, Respondent argues which the regulation less than which the Tribunal will have to Assess Claimant’s assertion that it's the legal operator from the Yukos s har es is Russian law. Under applicable Russian law, CSFB was the legal owner on the Yukos shares. Under Russian law, exclusively the Federal Legislation "Within the Securities Market" (RM-841 and RM-845), only individuals detailed (in so-known as "depo-accounts") on the publications and records of a accredited securities depository are lawfully recognised since the entrepreneurs on the suitable shares, and no other man or woman has any legally recognised rights like a shareholder in relation to the organization, (¶¶l -7R-TU 307. CSFB was registered Using the depository since the holder from the Yukos shares and as a consequence was in the slightest degree suitable instances the only real person with authorized possession from the shares and as a consequence the sole human being entitled to authorized legal rights like a shareholder in relation to the corporate being a make any difference of Russian regulation. (¶¶R-II) 308. Beneath the Russian Joint Inventory Companies Law, and verified by the Supreme Arbitrazh Courtroom (in a very circumstance cited in RM-851), CSFB, since the authorized proprietor in the shares, was the only real individual entitled to obtain notices of shareholders’ meetings, go to shareholders’ meetings and also to vote the Yukos shares. CSFB is additionally the only real particular person entitled to get dividends and other distributions from Yukos. Accordingly, Claimant’s allegation that it "on your own experienced the ability to vote the shares and also to obtain any dividends or residual money upon liquidation" (¶¶149 C-II) is unsupported and Untrue.

• The Russian Federation https://rosinvest.com has failed to rebut the proof the earnings tax approaches utilized by Yukos had been authorized in the course of the yrs in concern and the Russian authorities was perfectly mindful of Yukos’ usage of All those techniques from prior audits of Yukos and. on the investing organizations controlled by Yukos.

Participation Agreements - Appropriate to promote the shares 376. Respondent reiterates in RPHB-II that Claimant didn't hold a "secured expenditure" with regards to the IPPA Which Claimant’s position that the Participation Agreements transferred to Elliott Intercontinental only "contractual" and "economic rights" is Completely wrong for at least 3 related motives. Firstly the only ownership legal rights Claimant had were being contractual in origin. These rights could in idea give rise to in rem rights, on the other hand Claimant transferred all its Yukos relevant legal rights underneath the Participation Agreements. Next, Claimant did no transfer to Elliott Worldwide something aside from The whole thing of its desire in the Yukos shares. Claimant transferred the entirety of its interest (and retained no rights at all) in relation to the Yukos shares. Because of this, ahead of March 2007, Elliott International was the only operator from the Yukos shares and Claimant was a mere collection agent with no more legal rights than an uncompensated custodian. 3rd, The reality that the Participation Agreements might have constituted separate securities for purposes with the US securities legal guidelines will not suggest that the Participation Agreements didn't also transfer all of Claimant’s curiosity inside the Yukos shares. (¶¶10 - 14 RPHB-II) 377. Claimant’s argument that nothing at all from the Participation Agreements or in New York regulation prevented it from promoting or pledging the shares is fundamentally Improper. Claimant transferred a hundred% of its desire to Elliott, agreed to not choose any action apart from in accordance with Elliott Intercontinental’s Guidance and work out treatment in regard from the shares as though it were being the advantageous operator. It's abundantly obvious for a issue of The big apple regulation that Claimant did not have the proper to sell or pledge the Yukos shares for As long as the Participation Agreements remained in impact. The vital proper of possession - to transfer residence - was Elliott Global’s ideal. This was unaffected by its settlement never to training its ideal to transfer without RosInvestCo’s consent. (¶¶15 - 16 RPHB-Ii) 378.

• The Respondent’s concealed purpose (via Rosneft) in arranging the initiation of individual bankruptcy proceedings from Yukos, combined with the refusal of Rosneft and the Russian Tax Ministry to accept a rehabilitation program sponsored by Yukos' administration that would have allowed Yukos to stay in enterprise, are https://rosinvest.com more indications with the Respondent’s intent to demolish Yukos, The submit-bankruptcy transfer of pretty much all of Yukos’ remaining oil and gasoline assets to point out Regulate Also points in the exact same way.

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This really is accurate regardless of whether, and to what extent, the tax enforcement actions on their own could possibly have complied with Russian domestic legislation. Official compliance with domestic law may not be used to justify the destruction of A non-public enterprise and excuse the uncompensated transfer of that enterprise’s assets for the state.This kind of steps constitute an illegal expropriation beneath Worldwide regulation, despite how they may be seen below domestic regulation, and are already so perceived by Worldwide courts and commentators. :