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The Respondent’s arguments to the contrary rely on authorized authorities from the sector of diplomatic safety, not bilateral investment decision treaties. [ ] confirmed that Rosneft, because the successor in interest to YNG, had breached its obligation to repay certain bank loan agreements amongst YNG along with the offshore Yukos entity. The Russian courts experienced annulled the awards, even so the Amsterdam Courtroom of Attraction enforced them, expressly rejecting the argument which the financial loan agreements were being Portion of an illegal tax construction put in place from the Yukos team.
В МЧС прогнозируют затопление нескольких микрорайонов Тюмени
The conclusions of the Russian courts are barely surprising - Yukos couldn't have already been wrecked without the acquiescence and complicity of your Russian courts. And in any celebration, a party might not invoke its individual internal law to justification alone from carrying out its obligations underneath a treaty. (See Part eleven A, below.)
The foregoing defenses amply justify the dismissal of this circumstance, with out will need for your Tribunal to conduct a detailed assessment of various several years’ worthy of of records relating to tax assessments, enforcement actions and personal bankruptcy proceedings.
• As early as 1997, Vladimir Putin advocated which the Russian State should regain and maintain Handle in excess of privatized petroleum resources, Following his election in 2000, President Putin publicly expressed a desire to "liquidate the oligarchs as a class, " While he then provided the oligarchs a "truce " pursuant to which the perceived sins of your privatizations wouldn't be revisited given that the oligarchs stayed from politics.
To facilitate that elements could be taken out and copies is usually made, submissions of all documents such as statements of witnesses and experts shall be submitted separated from Briefs, unbound in two-ring binders and preceded by a listing of these documents consecutively numbered with consecutive numbering in later on submissions (CM-1, CM-two and many others.
six. Right after this Award on Jurisdiction, the Tribunal will enter into consultation Along with the Events regarding the additional carry out of your deserves period of this arbitration.
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"Процесс потепления нарушил условия сохранения устойчивости мерзлотных грунтов, что создает серьезные риски для сохранения устойчивости зданий и сооружений (...). ...
213. Claimant stands by its assertion in the hearings, that only the language of your IPPA - as interpreted on the basis of The foundations and rules of customary Global regulation codified inside the Vienna Conference - is suitable towards the issue irrespective of whether Claimant can be an "investor" using an "expense." Ny legislation is relevant only to the construction with the Participation Agreements. 214. During the hearings, Claimant submitted that Russian law, Russian Securities Legislation along with the Participation Agreements, are irrelevant. This circumstance must not, cannot and will not activate the interpretation software of Russian legislation or perhaps the legislation in the Condition of The big apple. Claimant has, always capable being an Trader beneath the IPPA.
Participation Agreements - Appropriate to provide the shares 376. Respondent reiterates in RPHB-II that Claimant did not maintain a "safeguarded financial investment" with regard to the IPPA Which Claimant’s place the Participation Agreements transferred to Elliott Intercontinental only "contractual" and "economic rights" is Mistaken for a minimum of three connected motives. For starters https://rosinvest.com the one possession legal rights Claimant experienced were being contractual in origin. These legal rights could in idea give rise to in rem legal rights, nevertheless Claimant transferred all its Yukos related rights under the Participation Agreements. Next, Claimant did no transfer to Elliott International one thing apart from The whole lot of its interest within the Yukos shares. Claimant transferred Everything of its curiosity (and retained no rights in any way) in relation into the Yukos shares. Consequently, before March 2007, Elliott Worldwide was the one proprietor from the Yukos shares and Claimant was a mere collection agent with no much more rights than an uncompensated custodian. 3rd, The point that the Participation Agreements could possibly have constituted independent securities for reasons in the US securities rules isn't going to indicate that the Participation Agreements didn't also transfer all of Claimant’s curiosity within the Yukos shares. (¶¶ten - 14 RPHB-II) 377. Claimant’s argument that nothing during the Participation Agreements or in The big apple law prevented it from selling or pledging the shares is basically wrong. Claimant transferred one hundred% of its curiosity to Elliott, agreed never to choose any action other than in accordance with Elliott Global’s Guidelines and physical exercise treatment in regard with the shares just as if it were the valuable proprietor. It is actually abundantly very clear to be a issue of Big apple regulation that Claimant didn't have the ideal to market or pledge the Yukos shares for so long as the Participation Agreements remained in effect. The critical correct of ownership - to transfer residence - was Elliott Worldwide’s ideal. This was unaffected by its settlement not to exercising its suitable to transfer without RosInvestCo’s consent. (¶¶15 - 16 RPHB-Ii) 378.
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The Respondent argues that RoslnvestCo "has the full load of establishing that the measures it complains of never benefit from the presumption of legality to https://rosinvest.com which They are really entitled underneath international legislation. "1
Quite a few consequences abide by from this condition of affairs, which serially and collectively mandate the dismissal of Claimant’s declare.