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Claimant, in its Reply, does not contest Respondent’s demonstration in Annex B towards the Assertion of Protection that the starting rate, closing rate and various parameters of the YNG auction have been in compliance with Russian legislation and according to international practice, and the actions of Yukos and its administration - in blocking the participation on the more than likely bidders and resources of finance - were answerable for the fact that the worth realized for your YNG shares, though better than a lot of pre-auction valuations, was not better nonetheless

Contrary towards the illustration created by Claimant in its Assertion of Assert that it experienced "constantly held" the Yukos shares through the date of their 1st order in 2004, throughout The whole lot of this era Claimant was just one in a chain of nominees interposed involving Yukos as well as the Cayman Islands advantageous operator with the Yukos shares, which, like Claimant, is owned and controlled via the Elliott Team.

(In truth, if a thief is outlined to incorporate somebody that sells somebody else’s house, then Claimant would've been performing to be a thief had Claimant bought the Yukos shares to the bona fide purchaser for value,) 226. Respondent submits that a sale of residence in violation in the rights of your lawful proprietor are unable to renovate an unauthorized seller right into a protected Trader. If Claimant wasn't in any other case a guarded investor - and Claimant wasn't - then Claimant didn't become a safeguarded Trader basically simply because Claimant’s bona fide purchaser would've been ready to obtain very good title into the Yukos shares had Claimant compounded its wrongdoing, and unsuccessful to disclose that it wasn't the proprietor of People shares. It cannot be the situation either the violation of ! a celebration’s assets legal rights may give rise to treaty rights or that the passions of the thief are to generally be preferred in excess of These of the "truthful" vendor who informs his purchaser that he is not the proprietor of your property remaining bought, and as outcome cannot produce great title. Issue 3.nine 227. The Events are invited to remark in better depth over the website link that's been alleged to exist amongst the felony prosecutions of Mr. Khodorkovsky as well as reassessments with the taxes claimed being because of from Yukos. Claimaint (¶ a hundred thirty five CPHB-I) 228. Russian authorities arrested Mr, Khodorkovsky on twenty five Oct 2003 on rates principally stemming within the 1994 privatization of Apatit (a company unrelated to Yukos), even though the final Prosecutor’s Business in the Russian Federation had concluded that there have been "no grounds for it to just take action." (CM-423) 6 months afterwards, in December 2003, tax authorities commenced the re-audit of Yukos that reversed the findings of their before audit and assessed billions of pounds of tax claims. The Audit Report of the December 2003 re-audit expressly referred to your criminal prosecution of Yukos executives to be a foundation for rebutting the presumption of good religion to which Russian taxpayers are entitled. (CM-60 at 14) 229. The six April 2004 letter with the Deputy Minister of Taxes and Levies with the Russian Federation to Yukos again expressly related the tax assessments versus Yukos to Mr. Khodorkovsky, this time with reference to his political writings. Taken together with the numerous departures from founded Russian law that enabled the expropriation and renationalisation of Yukos’ assets, these facts counsel that the strategic objective of returning petroleum property to the Charge of the Russian State was intently associated with an hard work to suppress a political opponent.

Modifications to that basic principle might be utilized for at the latest at some time of your Pre-Listening to Meeting. In watch on the cancellation in the Pre-Listening to Meeting it can be recalled that the respective date is seven December 2009.

The sequence of functions, as well as the sheer quantity and accumulation of hostile actions, all level to the conclusion that the Russian Federation abused its tax enforcement powers to expropriate strategic petroleum assets controlled by a political opponent of the Russian State:

https://rosinvest.com and (2) a chronological listing of all exhibits with indications in which the respective paperwork can be found during the file.

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eight. The Respondent up https://rosinvest.com coming mounts a belated, unfounded, and scarcely veiled assault around the Tribunal’s jurisdiction, in excess of a 12 months after the Tribunal issued a detailed award finding that it experienced jurisdiction In such cases.

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c. A 2006 Moscow Arbitrazh Court docket conclusion (RM-851) involving a broker as well as broker’s consumer https://rosinvest.com held the broker (and never the customer) was entitled on the dividends because the broker was shown over the depo account since the proprietor.

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(one) Each Contracting Get together shall promote in its territory investments by buyers of another Contracting Get together, produce favourable circumstances for them and acknowledge such investments in accordance with its legislation.

Despite the fact that the auction of the majority of Yukos’ shareholding in OAO Yuganskneftegaz ("YNG’’)—the centerpiece of Claimant’s declare—befell a couple of days soon after Claimant’s December 2004 purchase of Yukos shares, each of the Russian Governing administration’s conclusions relating to that auction had Also been taken beforehand, and were So also faits accomplis.

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