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Саратовская область готовит мировую в суде с подрядчиком строительства скоростного трамвая

Ремонт кирхи королевы Луизы будет продолжен в Калининграде

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3.eight. Need to the Events be presenting a witness or expert not testifying in English and therefore requiring interpretation, they are expected to offer the interpreter Except if agreed usually.

The Russian tax authorities’ abandonment, immediately after YNG was transferred to Rosneft, of most in their claim to Virtually US$ four.four billion in again taxes that were assessed towards YNG though it was owned by Yukos is equally instructive.

Claimant (¶ 132 CPHB-I) 201. Claimant refers the Tribunal to its reply to this issue as expressed in closing arguments, and submits the next further observations: (a) : Shares of Russian joint inventory firms are recorded inside the register of shareholders maintained either by the company by itself or by an independent "Registrar.

Respondent has, in any celebration, demonstrated in its Assertion of Protection - and Claimant hasn't challenged Respondent’s exhibiting-that Not one of the situations that happened soon after March 27, 2007 brought about a substantial or full reduction in the worth from the Yukos shares.

222. As an Preliminary issue, a distinction needs to be drawn among Claimant’s proper and Claimant’s capability to market the Yukos shares, The limited respond to to the primary dilemma is the fact Claimant did not - and realized that it did not - have the proper to market the Yukos shares whilst the Participation Agreements remained set up. Why else would Claimant have purportedly paid out USS 3.5 million in March 2007 to terminate the Participation Agreements if Claimant by now experienced the proper to provide the shares? 223. It is in any occasion distinct for a legal matter that the Participation Agreements conveyed a house curiosity in rem within the Yukos shares to Elliott Global. Respondent’s demonstration that New York regulation would address the Participation Agreements as acquiring transferred a house curiosity during the Yukos shares to Elliott Worldwide stands unrebutted. Under the lengthy line of conditions cited by Respondent, (at ¶twenty five R-II) the Participation Agreements effected a "correct" sale of the Yukos shares such that, from the function of Claimant’s insolvency, Elliott International - instead of Claimant’s personal bankruptcy estate - might have been entitled to get Yukos’ dividends and also to physical exercise the rights of the shareholder, It follows as a issue of hornbook residence regulation that Claimant, owning bought the possession in the Yukos shares to Elliott Global, didn't have the best to show close to and promote precisely the same shares to someone else. 224. Within the hearing, Claimant for the first time prompt that a Big apple court wouldn't examine in the Participation Agreements a prohibition on Claimant’s ideal to sell the Yukos shares. This argument is meritless. Inasmuch as the Participation Agreements presently conveyed Everything on the economic curiosity while in the Yukos shares to Elliott Intercontinental, there was no need to have for the Participation Agreements to supply that Claimant could not provide the exact same shares a next time. Simply just to condition Claimant’s argument is usually to refute it. 225. Respondent clarified on the Listening to that a bona fide purchaser (for value) from Claimant might have acquired great title to the Yukos shares, https://rosinvest.com While Claimant wasn't the legal or financial operator from the shares. This achievable end result doesn't, nonetheless, say nearly anything about Claimant’s rights being an proprietor of the shares, but instead responses to Ny regulation’s solicitude for the rights of the harmless purchaser and motivation to promote a liquid trading marketplace in securities, untrammeled by defects within an upstream vendor’s title. This is obvious from The point that, below New York law, even a good religion purchaser for value from a thief can purchase title.

Next, it really is indisputable, for The explanations talked about down below, that nearly all the complained-of actions experienced long because happened, and had turn into irreversible, by the point Claimant initial attained an economic curiosity from the Yukos shares, in March 2007. Yukos was permanently deprived from the financial benefit, use, and enjoyment, and possession and Command, of all of its belongings in September 2006, at https://rosinvest.com the latest, when the decision to liquidate Yukos’ remaining assets became remaining and irreversible below Russian legislation.

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240. Even though urging the Tribunal to attract this allegedly "good inference," Claimant also reported that it didn't think about it "vital" To place Mr. Khodorkovsky’s genuine letter within the document, for factors that happen to be now obvious. In the hearing, Counsel for Respondent, hardly ever possessing seen Mr. Khodorkovsky’s letter, wasn't ready to respond. After the Listening to, nonetheless, counsel for Respondent had been capable of obtain a copy on the letter (in English) from a variety of Internet websites. That text entirely negates the "fair inference'' alleged by Claimant. It rather reveals which the correct cause of the Ministry’s inquiry was the exact opposite of politically-determined retaliation. The explanation is the fact, The truth is, Mr. Khodorkovsky’s letter contained an astounding mea culpa, lambasting fellow "liberals" and himself for possessing been dishonest, cynical, lawless (like through functions of bribery), frivolous, egocentric, and insensitive to the pursuits on the nation and its folks - and urging this record of wrongdoing be acknowledged "with a sense of shame." Considerably from criticizing President Putin, Mr. Khodorkovsky’s letter uncharacteristically urged support for him as "an institution that ensures the region’s territorial integrity and stability The letter concluded, "To change the place, we must improve ourselves" 241. The tax authorities evidently seen these unparalleled admissions by Mr. Khodorkovsky as being a doable give of the olive branch and, over the equally realistic assumption that Yukos’ management would on this event much too abide by Mr. Khodorkovsky’s Management, wrote to Yukos inquiring, in outcome, irrespective of whether Mr. Khodorkovsky’s letter was a signal that Yukos was interested in settling the tax statements, which it did by requesting the organization "to verify the existence or absence of non-fixed differences" relating to taxes with the year 2000 (which at that time was still the only real tax year that had been reassessed). Oddly in mild with the seemingly obvious import of Mr.

While the auction of a lot of Yukos’ shareholding in OAO Yuganskneftegaz ("YNG’’)—the centerpiece of Claimant’s assert—passed off a couple of days right after Claimant’s December 2004 order of Yukos shares, all the Russian Govt’s choices relating to that auction had Similarly been taken beforehand, and have been Consequently also faits accomplis.

Claimant’s ex post approach to damages is contrary to economic truth and common perception, and as opposed to returning Claimant to its place had there been no alleged treaty violations, would end in a massive and unwarranted windfall for Claimant.