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Even assuming quod non that this Tribunal has jurisdiction in excess of Claimant’s claim, there was no expropriation for which Claimant could Get better. Being an initial make any difference, Claimant by itself expressly disclaims an expropriation of your Yukos shares. Claimant instead seeks, depending on a misreading of Article 5(2) of the UK-Soviet BIT, to Get better for that alleged expropriation from the assets of Yukos by itself But Report 5(2), in furnishing that "the provisions of paragraph (one) of this informative article shall use, " will not allow a shareholder to recover to the getting of your belongings of a business by which it has invested, but relatively just makes standing to get a shareholder to claim an expropriation of its own shareholding due to the expropriation on the belongings of a local corporation.
"В рамках реализации девелоперского проекта инвестор проведет ремонт памятника "Поднимающий знамя", стоящего около здания бывшего кинотеатра "Брест" на Ярцевской ...
BFG was a Exclusive purpose vehicle for Rosneft, the point out oil firm that had owned lots of Yukos' belongings before their privatization while in the 1990s and that now owns them again.
.. Лосиный остров забрали, так что будем заниматься им... Поликлиники сейчас реконструируем, ...
34. On 22 January 2010, through the concluding remarks of your Listening to about the merits, the Functions had been asked from the Chairman if there were any procedural troubles which they wished to lift (Tr p, 933). The Parties verified they had agreed a approach to exchange reviews on sizeable corrections to. the hearing transcript. The Chairman additional requested the Get-togethers "do the Get-togethers have any objections to the way the Tribunal has performed the method thus far?
• The Respondent’s steps leading up to your YNG auction point in a similar way. In lieu of searching for to preserve the continuing capacity to do enterprise and pay out taxes of the Russian Federation’s major non-public firm, the Russian authorities rather continuously exercised their discretion in this type of way as to make certain Yukos’ destruction. To that stop, the Russian authorities (i) gave Yukos the least amount of time possible to pay for tax assessments; (ii) obtained an injunction that froze Yukos’ belongings like to impede Yukos’ capacity to pay out those assessments; (iii) seized all of Yukos’ shares in Yuganskneftegaz ("YNG"), Yukos’ principal generation facility, to implement the.
Крыша двухэтажного дома загорелась в центре Ростова-на-Дону
Claimant’s legal rights and offsetting duties in relation towards the Yukos shares before March 2007 As a result did not have - and will not have experienced — any economic benefit. In fact, Claimant might have experienced to pay someone to move into its footwear for As long as the Participation Agreements remained in place
Khodorkovsky’s letter, Yukos as an alternative rejected this overture. Instead, in its reaction of April eight, 2004, and that is in the history (RM-1548), Yukos Again reiterated the placement that the tax assessment was contrary to law, incorporating a legally irrelevant - but politically unambiguous - reference towards the help that Yukos claimed to delight in from events "in Russia and overseas" an unsubtle signal that Yukos supposed to carry on to mobilize international allies To place pressure on the Russian Federal government, Confronted with this indication that, whatever Mr. Khodorkovsky’s letter might have meant, Yukos was not enthusiastic about compromising its tax legal responsibility but supposed instead to carry on resisting payment, the authorities 1 7 days afterwards received the freeze buy of April fifteen, 2004, citing inter alia the continuing "unresolved controversies" with Yukos. 242. Thereafter, Yukos’ management intensified its resistance, failing to generate courtroom-requested payments of taxes, concealing corporate publications to frustrate attachments, attempting to mislead the authorities into accepting now-encumbered property as protection, "bleeding" nearly US$ two billion out of YNG when it became obvious that It might be auctioned, endeavoring to sabotage that auction by commencing personal bankruptcy proceedings in America (on the toughness of an 11th hour deposit of all of US$ one.five million inside of a US banking account), and diverting supplemental billions of pounds worth in belongings into a Dutch stichting whose founding instrument recited that its purpose was to defeat Russian tax promises. When the result of all this is Mr. Khodorkovsky and his allies (which includes a few of Yukos’ previous professionals) have so far been in the position to retain control of those international assets, their approach was in all other respects unsuccessful, and disasterous for Yukos’ other shareholders. Query 3.10 243. Devoid of prejudice to any foreseeable future choice with the Tribunal, in case the Tribunal can make an award of payment, Exactly what are the final positions of your Get-togethers about curiosity on such payment?
three.six. Bearing in mind some time obtainable in the course of the time period provided for the Listening to from the Timetable, the Tribunal intends to ascertain equivalent maximum time durations both equally to the Claimant and for your Respondent which the Events shall have available.
Regardless of whether the tax assessments ended up issue to evaluate under Article five of the united kingdom-Soviet BIT, which they don't seem to be, Claimant hasn't rebutted the presumption of bona fide taxation. As demonstrated below, Claimant has failed to establish which the tax assessments had been both mala fide or discriminatory or confiscatory. Annex AA and also the supplemental qualified report of Mr. Oleg Y, Konnov rebut each from the arguments raised by Claimant and Professor Maggs with regard to taxes, and exhibit the actions of the Russian tax authorities have been completely according to each Russian regulation and Intercontinental tax practice. Specifically, Respondent and Mr.
240. When urging the Tribunal to attract this allegedly "truthful inference," Claimant also reported that it didn't take into consideration it "necessary" to put Mr. Khodorkovsky’s genuine letter during the history, for good reasons which might be now evident. For the Listening to, Counsel for Respondent, by no means obtaining observed Mr. Khodorkovsky’s letter, wasn't in a position to reply. Once the Listening to, even so, counsel for Respondent ended up ready to obtain a replica from the letter (in English) from different Internet websites. That text absolutely negates the "good inference'' alleged by Claimant. It in its place reveals the correct cause of the Ministry’s inquiry was the precise opposite of politically-motivated retaliation. The key reason why is usually that, in reality, Mr. Khodorkovsky’s letter contained an astounding mea culpa, lambasting fellow "liberals" and himself for having been dishonest, cynical, lawless (including by acts of bribery), frivolous, egocentric, and insensitive to the passions from the country and its men and women - and urging https://rosinvest.com this historical past of wrongdoing be acknowledged "with a way of shame." Considerably from criticizing President Putin, Mr. Khodorkovsky’s letter uncharacteristically urged assist for him as "an institution that guarantees the state’s territorial integrity and balance The letter concluded, "To alter the nation, we have to change ourselves" 241. The tax authorities evidently seen these unparalleled admissions by Mr. Khodorkovsky as being a feasible offer you of the olive branch and, to the equally affordable assumption that Yukos’ management would on this situation also abide by Mr. Khodorkovsky’s Management, wrote to Yukos asking, in influence, https://rosinvest.com no matter if Mr. Khodorkovsky’s letter was a sign that Yukos was interested in settling the tax statements, which it did by requesting the corporate "to confirm the existence or absence of non-solved discrepancies" relating to taxes for the 12 months 2000 (which at that point was nonetheless the only real tax year that were reassessed). Oddly in gentle in the seemingly apparent import of Mr.
3.six. Bearing in mind the time readily available over the period provided for the Listening to while in the Timetable, the Tribunal intends to establish equal greatest time durations both with the Claimant and for that Respondent which the Functions shall have accessible.
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