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" The subsequent pressured personal bankruptcy, seizures of Yukos’ remaining assets, along with the ’ sale of All those belongings at auction around the class of 2007 completed the expropriation. When the dust settled, the Russian Federation had bankrupted and liquidated Yukos, and point out- j owned Rosneft was in possession of practically all of Yukos’ oil creating belongings. As President Putin himself put it shortly once the YNG auction:
d. Regardless of whether Russian law governed the connection in between Claimant and CSFB, and also if CSFB had acted as Claimant’s "Fee agent", Claimant would in actual fact are actually performing because the agent for Elliott International, the principal and valuable operator of the shares for as long as the Participation Agreements have been in effect, (¶¶five-9 RPHB-n)
"Состоялось заседание экономического совета, на котором мы приняли важнейшее решение по реализации нового мегапроекта. В частности, в Тбилиси будет построен новый ...
(d) whether or not comparable processes of registration were employed for other shareholders of Yukos and for shareholders of other businesses in Russia.
Desiring to produce favourable circumstances for larger expense by traders of one State in the territory of another State;
To facilitate that elements could be taken out and copies could be built, submissions of all paperwork which include statements of witnesses and specialists shall be submitted separated from Briefs, unbound in two-ring binders and preceded by a listing of these paperwork consecutively numbered with consecutive numbering in later on submissions (CM-one, CM-2 etcetera.
Respondent would've imagined that it goes with no indicating that the objective of an investment treaty is always to motivate investment decision, not the filing of treaty claims in lieu of readily available fiscal returns.
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Путин принял решение командировать в Оренбуржье главу Минстроя
[], this Tribunal is not really called upon to sit down being an appellate court of previous vacation resort examining the Russian court choices currently exhaustively litigated by Yukos. The Tribunal will have to as an alternative decide no matter if quod non any actions taken from the Russian authorities have been adequately egregious as to constitute actions tantamount to expropriation like a make any difference of general public Global law. [ ], the stress of evidence here is squarely on Claimant’s shoulders.
Незаконное выделение земли под точечную застройку пресекли во Владивостоке
• The Respondent’s concealed job (by means of Rosneft) in arranging the initiation of bankruptcy proceedings towards Yukos, combined with the refusal of Rosneft plus the Russian Tax Ministry to just accept a rehabilitation program sponsored by Yukos' management that might have permitted Yukos to remain in business, are extra indications in the https://rosinvest.com Respondent’s intent to destroy Yukos, The post-individual bankruptcy transfer of almost all of Yukos’ remaining oil and fuel belongings to point out Management Similarly factors in the same way.
Regardless that the auction of most of Yukos’ shareholding in OAO Yuganskneftegaz ("YNG’’)—the centerpiece of Claimant’s assert—befell a few days soon after Claimant’s December 2004 obtain of Yukos shares, https://rosinvest.com every one of the Russian Federal government’s selections concerning that auction had Similarly been taken beforehand, and were Therefore also faits accomplis.
This is correct irrespective of whether, and to what extent, the tax enforcement actions them selves could have complied with Russian domestic law. Official compliance with domestic regulation is probably not used to justify the destruction of A non-public organization and excuse the uncompensated transfer of https://rosinvest.com that corporation’s belongings for the condition.These types of steps represent an illegal expropriation underneath Intercontinental regulation, regardless of how they may be viewed beneath domestic law, and happen to be so perceived by Worldwide courts and commentators. :