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(one) Neither Contracting Occasion shall in its territory topic investments or returns of investors of another Contracting Occasion to treatment method considerably less favourable than that which it accords to investments or returns of investors of any third Point out.

Claimant, In contrast, was through this entire period nothing greater than an uncompensated money intermediary, obligated to act (for no cost) only pursuant to Elliott International's Recommendations and also to pay back about to Elliott Worldwide many of the dividends been given around the Yukos shares.

В сообщении также подчеркивается, что, согласно данным Росгидромета, на реках Иртыш, ...

three.8. Should the Get-togethers be presenting a witness or pro not testifying in English and so demanding interpretation, These are expected to provide the interpreter Unless of course agreed normally.

Accordingly, Claimant can complain only of steps or situations that happened soon after it grew to become the advantageous proprietor of the Yukos shares in 2007. By then, nevertheless, just about all of the acts complained of in its Assertion of Claim ended up previously past history.

To aid that elements could be taken out and copies might be produced, submissions of all paperwork like statements of witnesses and professionals shall be submitted separated from Briefs, unbound in two-ring binders and preceded by an index of this kind of files consecutively numbered with consecutive numbering in afterwards submissions (CM-1, CM-two etcetera.

Yukos was nevertheless operating as An effective oil business, with extremely large current manufacturing and tested petroleum reserves, and significant revenues noted in money statements organized in accordance with Western accounting standards;

Древнейший деревянный храм России перенесут и поместят в павильон

Задержан глава департамента градостроительства Самары

The details, after understood, also sharply contradict the extremely implausible conspiracy principle Claimant proposes (on The premise of what it admits is "circumstantial proof") as an evidence for Yukos’ demise. Claimant's grand conspiracy, which accuses Respondent of deliberately destroying Yukos in an effort to "re-nationalize" its petroleum assets, is basically borrowed from your self-serving propaganda that Yukos’ former professionals and controlling shareholders distribute throughout the media inside their tries to intimidate Respondent from implementing its guidelines.

fifty one. The Respondent following contends that, even assuming that Claimant created its expenditure in 2004 (mainly because it did), Claimant was not deprived of the overall or sizeable value of its financial investment, mainly because various tax liens grew to become enforceable prior to Claimant’s obtain of its shares, the shares experienced misplaced a big section of their industry price, and Yukos’ management had declared that the organization was insolvent as of 31 October 2004. Yet again, the Respondent’s argument needs to be turned down.

• The Respondent’s concealed function (through Rosneft) in arranging the initiation of personal bankruptcy proceedings versus Yukos, together with the refusal of Rosneft and the Russian Tax Ministry to just accept a rehabilitation prepare sponsored by Yukos' administration that may have permitted Yukos to stay in organization, are additional indications of the Respondent’s intent to ruin Yukos, The submit-personal bankruptcy transfer of just about all of Yukos’ remaining oil and gas belongings to point out control likewise factors in the identical direction.

Госдума надеется на ускорение и удешевление инфраструктурных строек благодаря закону об ОПИ

215. Report five with the IPPA guards "investments of traders of possibly Contracting Bash." As said in EnCana v. Ecuador, "for there to happen to be an expropriation of the investment decision [...J the legal rights impacted should exist underneath the law which makes them." (pp. 33-34, RM-116) 216. Neither general international regulation nor the IPPA makes house rights. The legal rights related to the Yukos shares which might be safeguarded beneath the IPPA are as a substitute established via the guidelines of Russia, Yukos’ area of incorporation. Russian regulation hence https://rosinvest.com decides the existence and scope in the rights linked to the Yukos shares. 217. Russian private international regulation permits the functions to your agreement to select the regulation that can govern their contractual rights and duties. Considering the fact that The big apple law is definitely the regulation chosen by Elliott Intercontinental and Claimant to control the Participation Agreements, Ny legislation decides Claimant’s associated legal rights and responsibilities. 218. The legal rights affiliated with the Yukos shares created below Russian and New York regulation are safeguarded underneath the IPPA only if they are an "asset" of a UK investor for https://rosinvest.com needs of Write-up 1(a), i.e., "one thing of value" to some United kingdom Trader. At a minimal, Claimant ought to show that beneath the legal placement established by Russian and The big apple regulation it "would undergo monetary loss In case the residence have been weakened and ruined." (Azurix v. Argentina, RLA-181) 219. The history demonstrates that Claimant was under no circumstances the lawful owner of the Yukos shares at challenge, transferred the economic interest while in the Yukos shares to Elliott Global even ahead of it ordered the shares, and could not have suffered any harm https://rosinvest.com from an expropriation from the Yukos shares. Dilemma three.eight 220. Considering the language, context and governing legislation from the Participation Agreements, was it permissible for Claimant to provide the Yukos shares with no consent of Elliott, and irrespective thereof When the Claimant would indeed have offered them, what would have been the lawful implications for the issues applicable from the present circumstance?

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