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ВТБ и ДОМ. РФ запустили в Хабаровском крае региональную льготную ипотеку
However, the Tribunal considers the shorter repetition of specific of its conclusions during the context of distinct challenges important or not less than acceptable so as to keep away from misunderstandings and keep away from the need to make reference to previously distinct sections of its Award.
(In truth, if a thief is described to include someone who sells somebody else’s home, then Claimant would have been acting as being a thief experienced Claimant offered the Yukos shares into a bona fide purchaser for worth,) 226. Respondent submits that a sale of assets in violation with the legal rights on the lawful operator are unable to remodel an unauthorized vendor into a protected Trader. If Claimant was not normally a protected investor - and Claimant wasn't - then Claimant didn't turn into a guarded investor merely for the reason that Claimant’s bona fide purchaser might have been capable to obtain good title into the Yukos shares had Claimant compounded its wrongdoing, and unsuccessful to reveal that it was not the operator of those shares. It can't be the situation either the violation of ! a celebration’s assets rights can provide increase to treaty legal rights or which the interests of a thief are being desired over Individuals of an "sincere" seller who informs his purchaser that he is not the proprietor on the house remaining offered, and as final result are unable to deliver great title. Issue three.9 227. The Parties are invited to remark in increased element around the url which has been alleged to exist involving the felony prosecutions of Mr. Khodorkovsky and also the reassessments of the taxes claimed to be due from Yukos. Claimaint (¶ a hundred thirty five CPHB-I) 228. Russian authorities arrested Mr, Khodorkovsky on 25 Oct 2003 on expenses principally stemming through the 1994 privatization of Apatit (a business unrelated to Yukos), even though the General Prosecutor’s Workplace of your Russian Federation experienced concluded that there have been "no grounds for it to consider action." (CM-423) Six weeks later, in December 2003, tax authorities commenced the re-audit of Yukos that reversed the results of their before audit and assessed billions of pounds of tax statements. The Audit Report with the December 2003 re-audit expressly referred on the criminal prosecution of Yukos executives for a basis for rebutting the presumption of excellent faith to which Russian taxpayers are entitled. (CM-sixty at 14) 229. The six April 2004 letter within the Deputy Minister of Taxes and Levies from the Russian Federation to Yukos once more expressly connected the tax assessments against Yukos to Mr. Khodorkovsky, this time with reference to his political writings. Taken along with the many departures from established Russian regulation that enabled the expropriation and renationalisation of Yukos’ assets, these details advise that the strategic goal of returning petroleum belongings to your control of the Russian Point out was intently connected to an hard work to suppress a political opponent.
three.eight. Really should the Events be presenting a witness or pro not testifying in English and therefore requiring interpretation, They're anticipated to provide the interpreter Except if agreed normally.
• The Russian https://rosinvest.com court docket choices complained of do not by themselves volume to measures tantamount to expropriation, and in almost any occasion, didn't bring about a complete or significant deprivation of Claimant’s shareholding, nor were any from the tax assessments or associated enforcement steps or individual bankruptcy proceedings, all of which had been upheld by Russian courtroom conclusions, expropriatory. [].
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Claimant could then have experienced no reasonable expectation that Yukos would've emerged from liquidation being a viable economic enterprise. Surely, Claimant hasn't made — Regardless of repeated requests4 - an individual document memorializing the reasons for its meant "expenditure" in the Yukos shares on March 27, 2007, the very day on which the primary of Yukos’ individual bankruptcy auctions was held
304. Claimant will make no individual assert determined by acts that occurred after Claimant acquired useful ownership in 2007. In any function, no assert of expropriation may very well be centered only on this sort of acts, because by that day the Tax Assessments for every of A long time 2000-2003 (and later on yrs) had been certainly upheld via the Russian courts, YNG had by now been marketed, Yukos experienced by now been formally declared bankrupt, and its remaining belongings had been in the process of getting liquidated. «221 R-I) Contentions in Respondent’s Surreply R-II 305. In its Surreply (R-II) Respondent argues that Claimant was neither the authorized nor was it the financial proprietor with the Yukos shares before 2007. Respondent also rebuts Claimant’s arguments that Respondent’s reliance on customary Worldwide regulation is irrelevant. Claimant not the lawful proprietor 306. With regards to its claim that Claimant was not the legal owner, Respondent argues that the law under which the Tribunal need to Examine Claimant’s assertion that it's the lawful proprietor on the Yukos s har es is Russian legislation. Underneath relevant Russian legislation, CSFB was the authorized owner in the Yukos shares. Below Russian law, especially the Federal Law "Within the Securities Current market" (RM-841 and RM-845), only folks shown (in so-named "depo-accounts") about the books and data of a accredited securities depository are legally recognised as the owners of your pertinent shares, and no other particular person has any lawfully recognised rights for a shareholder in relation to the business, (¶¶l -7R-TU 307. CSFB was registered Together with the depository as being the holder of the Yukos shares and as a consequence was in any respect applicable times the sole individual with legal ownership on the shares and so the one https://rosinvest.com human being entitled to authorized rights to be a shareholder in relation to the corporation as being a matter of Russian law. (¶¶R-II) 308. Under the Russian Joint Inventory Businesses Law, and verified because of the Supreme Arbitrazh Court docket (inside a scenario cited in RM-851), CSFB, as being the lawful owner of your shares, was the sole man or woman entitled to receive notices of shareholders’ meetings, go to shareholders’ meetings and to vote the Yukos shares. CSFB is likewise the only real person entitled to receive dividends and various distributions from Yukos. Accordingly, Claimant’s allegation that it "on your own experienced the power to vote the shares and to obtain any dividends or residual money on liquidation" (¶¶149 C-II) is unsupported and Untrue.
The Respondent freely attributed to Yukos the revenues acquired by Yukos’ investing organizations, but it really steadfastly refused to give Yukos the advantage of the paperwork submitted by those same organizations. These two positions are only reconcilable Should the Respondent’s correct goal was to ruin Yukos.
Chronology would even be fatal to Claimant regardless of whether quod non it were entitled to claim claims based upon occasions occurring from November-December 2004 onwards, when it was a mere nominee for its Cayman Islands affiliate, as Claimant bases its situation on activities that occurred even right before this period, One example is, every one of the contested tax assessments for your decades 2000-2003, the linked injunction and freezing of Yukos property, and each of the procedural irregularities alleged by Claimant happened ahead of the purchases of any on the Yukos shares.
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The Tribunal really should reject this argument, since the Tribunal is entitled to take into account activities that preceded Claimant’s expense to determine the context of your expropriation and as proof in the Respondent's true purpose. [ J