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" The next pressured bankruptcy, seizures of Yukos’ remaining belongings, plus the ’ sale of People property at auction above the course of 2007 accomplished the expropriation. In the event the dust settled, the Russian Federation experienced bankrupted and liquidated Yukos, and point out- j owned Rosneft was in possession of just about all of Yukos’ oil making property. As President Putin himself place it shortly after the YNG auction:
Госдума надеется на ускорение и удешевление инфраструктурных строек благодаря закону об ОПИ
"Воспользоваться единой льготной ипотекой можно для приобретения частного дома или земельного участка и работ по строительству с подрядчиком", — говорится в сообщении.Отмечается, .
"Если инфляция и дальше будет устойчиво замедляться, мы исходим из того, что сможем начать снижать ключевую ставку в этом году, скорее, во второй половине года. ...
34. On 22 January 2010, in the course of the concluding remarks of the Listening to to the deserves, the Parties were being requested from the Chairman if there were any procedural issues which they wished to lift (Tr p, 933). The Functions confirmed they'd agreed a procedure to exchange comments on substantial corrections to. the hearing transcript. The Chairman even further asked the Functions "do the Parties have any objections to just how the Tribunal has executed the treatment up to now?
Недостроенный бизнес-комплекс "Шерризон" в Подмосковье выставили на торги
six. Right after this Award on Jurisdiction, the Tribunal will enter into session with the Events regarding the even further conduct from the deserves period of the arbitration.
222. As an Preliminary make a difference, a difference must be drawn involving Claimant’s correct and Claimant’s power to sell the Yukos shares, The brief remedy to the very first query is the fact that Claimant didn't - and understood that it didn't - have the best to provide the Yukos shares whilst the Participation Agreements remained set up. Why else would Claimant have purportedly compensated USS 3.5 million in March 2007 to terminate the Participation Agreements if Claimant currently had the appropriate to offer the shares? 223. It's in any celebration very clear being a lawful matter that the Participation Agreements conveyed a home fascination in rem during the Yukos shares to Elliott Intercontinental. Respondent’s demonstration that Big apple legislation would handle the Participation Agreements as acquiring transferred a property curiosity from the Yukos shares to Elliott Worldwide stands unrebutted. Beneath the lengthy line of scenarios cited by Respondent, (at ¶twenty five R-II) the Participation Agreements effected a "legitimate" sale on the Yukos shares this sort of that, while in the function of Claimant’s insolvency, Elliott Global - and not Claimant’s personal bankruptcy estate - would've been entitled to get Yukos’ dividends and also to exercising the legal rights of the shareholder, It follows as a issue of hornbook residence legislation that Claimant, obtaining sold the possession with the Yukos shares to Elliott International, did not have the ideal to show all-around and sell the exact same shares to someone else. 224. With the hearing, Claimant for the first time instructed that a The big apple courtroom would not go through in to the Participation Agreements a prohibition on Claimant’s correct to promote the Yukos shares. This argument is meritless. Inasmuch since the Participation Agreements now conveyed The whole lot of your economic fascination inside the Yukos shares to Elliott International, there was no need to have for that Participation Agreements to deliver that Claimant couldn't offer a similar shares a next time. Simply to point out Claimant’s argument should be to refute it. 225. Respondent clarified within the Listening to that a bona fide purchaser (for price) from Claimant could have acquired excellent title on the Yukos shares, Though Claimant was not the authorized or economic operator on the shares. This possible consequence won't, nonetheless, say anything at all about Claimant’s legal rights as an proprietor from the shares, but in its place answers to The big apple regulation’s solicitude to the legal rights of the harmless purchaser and wish to advertise https://rosinvest.com a liquid trading current market in securities, untrammeled by defects within an upstream seller’s title. This is obvious from the fact that, beneath New York legislation, even a great faith purchaser for worth from a thief can get title.
(d) no matter if very similar processes of registration were useful for other shareholders of Yukos and for shareholders of other firms in Russia.
• "The District Court is with the viewpoint that the course of affairs as represented... can only produce the summary that the way where the extra tax evaluation owed by Yukos Oil, and the scale thereof,ws assessed to start with from the Russian Tax Authorities and subsequently through the tax courtroom can not stand the test of criticism.
Participation Agreements - Appropriate to sell the shares 376. Respondent reiterates in RPHB-II that Claimant didn't hold a "shielded financial commitment" regarding the IPPA Which Claimant’s placement which the Participation Agreements transferred to Elliott Worldwide only "contractual" and "economic legal rights" is Erroneous for a minimum of three relevant causes. First of all the only ownership rights Claimant had were being contractual in origin. These rights could in idea give rise to in rem rights, however Claimant transferred all its Yukos associated legal rights beneath the Participation Agreements. Next, Claimant did no transfer to Elliott Worldwide a little something apart from Everything of its curiosity while https://rosinvest.com in the Yukos shares. Claimant transferred Everything of its interest (and retained no rights in any way) in relation to the Yukos shares. Due to this fact, prior to March 2007, Elliott International was the only real operator of the Yukos shares and Claimant was a mere assortment agent without any a lot more rights than an uncompensated custodian. Third, The point that the Participation Agreements can have constituted different securities for applications with the US securities legislation won't signify that the Participation Agreements didn't also transfer all of Claimant’s desire during the Yukos shares. (¶¶ten - fourteen RPHB-II) 377. Claimant’s argument that nothing during the Participation Agreements or in Big apple legislation prevented it from promoting or pledging the shares is basically wrong. Claimant transferred one hundred% of its desire to Elliott, agreed never to just take any action in addition to in accordance with Elliott Global’s Directions and workout treatment in regard on the shares as if it were being the useful operator. It truly is abundantly distinct being a make any difference of Ny regulation that Claimant didn't have the best to sell or pledge the Yukos shares for so long as the Participation Agreements remained in influence. The crucial appropriate of ownership - to transfer home - was Elliott Global’s suitable. This was unaffected by its arrangement never to work out its right to transfer with out RosInvestCo’s consent. (¶¶15 - 16 RPHB-Ii) 378.
240. Even though urging the Tribunal to attract this allegedly "good inference," Claimant also mentioned that it didn't think about it "important" To place Mr. Khodorkovsky’s precise letter in the file, for good reasons which have been now noticeable. At the hearing, Counsel for Respondent, never ever owning noticed Mr. Khodorkovsky’s letter, wasn't ready to respond. Once the Listening to, however, counsel for Respondent were in a position to down load a copy of the letter (in English) from various Internet sites. That text totally negates the "honest inference'' alleged by Claimant. It rather shows which the genuine cause for the Ministry’s inquiry was the exact reverse of politically-inspired retaliation. The explanation is usually that, In fact, Mr. Khodorkovsky’s letter contained an astounding mea culpa, lambasting fellow "liberals" and himself for owning been dishonest, cynical, lawless (which include as a result of functions of bribery), frivolous, selfish, and insensitive into the passions from the country and its people today - and urging that this record of wrongdoing be acknowledged "with a sense of disgrace." Much from criticizing President Putin, Mr. Khodorkovsky’s letter uncharacteristically urged guidance for him as "an institution that ensures the nation’s territorial integrity and steadiness The letter concluded, "To alter the nation, we must adjust ourselves" 241. The tax authorities evidently considered these unparalleled admissions by Mr. Khodorkovsky as a feasible offer of an olive department and, around the Similarly realistic assumption that Yukos’ administration would on this celebration too comply with Mr. Khodorkovsky’s leadership, wrote to Yukos asking, in impact, whether or not Mr. Khodorkovsky’s letter was a sign that Yukos was serious about settling the tax promises, which it did by requesting the organization "to confirm the existence or absence of non-resolved variations" about taxes with the 12 months 2000 (which at that time was still the sole tax yr that had been reassessed). Oddly in light-weight of your seemingly clear import of Mr.
Events to submit remaining notifications to each other along with the Tribunal of which witnesses and experts offered by on their own or by another Occasion that they want to look at in the Hearing. [words and phrases in italics included]
In combination with the foregoing time-based defenses, you can find other equally solid grounds for dismissal of Claimant’s assert on The premise of your provisions of the united kingdom-Soviet Little bit and being a make any difference of public international regulation.