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Third, the damages Claimant seeks are according to an Examination at odds While using the statements in Claimant’s Reply that Yukos' tax assessments weren't themselves expropriatory steps. Given that the supplemental expert report of Professor James Dow exhibits, LECG’s calculation of damages, on which Claimant depends, is predicated on a similar "retroactive" tax claims that RoslnvestCo now acknowledges didn't represent functions of expropriation and, in almost any function, transpired very well ahead of Claimant initial obtained an economic fascination during the Yukos shares,
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• Finally, the concentrating on of small business men and women and attorneys affiliated with Yukos and its shareholders, the procedural inequities inside the Russian court docket proceedings, as well as the disparate remedy of Yukos’ competition all contradict the Respondent’s ongoing professions of excellent religion.
1.3. Except for the agreed paperwork handed out in the course of the hearing, no new files shall be hooked up into the Publish-Listening to Briefs unless expressly authorized upfront through the Tribunal.
To facilitate that components could be taken out and copies may be produced, submissions of all paperwork like statements of witnesses and specialists shall be submitted divided from Briefs, unbound in two-ring binders and preceded by an index of these kinds of paperwork consecutively numbered with consecutive numbering in afterwards submissions (CM-1, CM-two and many others.
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8. The Respondent future mounts a belated, unfounded, and scarcely veiled assault over the Tribunal’s jurisdiction, more than a yr after the Tribunal issued an in depth award obtaining that it experienced jurisdiction In such a case.
304. Claimant would make no individual assert according to functions that transpired soon after Claimant acquired useful possession in 2007. In almost any occasion, no claim of expropriation may very well be based mostly solely on these kinds of functions, given that by that day the Tax Assessments for every of Years 2000-2003 (and later on several years) were certainly upheld with the Russian courts, YNG had already been offered, Yukos had previously been formally declared bankrupt, and its remaining assets have been in the whole process of becoming liquidated. «221 R-I) Contentions in Respondent’s Surreply R-II 305. In its Surreply (R-II) Respondent argues that Claimant was neither the lawful nor was it the financial proprietor of your Yukos shares ahead of 2007. Respondent also rebuts Claimant’s arguments that Respondent’s reliance on customary international regulation is irrelevant. Claimant not the legal owner 306. Regarding its declare that Claimant wasn't the legal operator, Respondent argues that the legislation below which the Tribunal need to evaluate Claimant’s assertion that it's the lawful proprietor on the Yukos s har es is Russian legislation. Less than relevant Russian legislation, CSFB was the legal owner of your Yukos shares. Less than Russian regulation, exclusively the Federal Law "Over the Securities Sector" (RM-841 and RM-845), only people listed (in so-called "depo-accounts") to the books and documents of the licensed securities depository are legally recognised as the owners with the pertinent shares, and no other man or woman has any legally recognised legal rights to be a shareholder in relation to the company, (¶¶l https://rosinvest.com -7R-TU 307. CSFB was registered with the depository since the holder of your Yukos shares and for that reason was in the least appropriate occasions the one man or woman with authorized ownership from the shares and as a consequence the only real human being entitled to authorized rights as being a shareholder in relation to the corporation as being a make any difference of Russian legislation. (¶¶R-II) 308. Beneath the Russian Joint Inventory Organizations Regulation, and verified from the Supreme Arbitrazh Courtroom (in a very scenario cited in RM-851), CSFB, as the legal owner of the shares, was the only individual entitled to receive notices of shareholders’ conferences, show up at shareholders’ meetings and to vote the Yukos shares. CSFB can be the only real man or woman entitled to obtain dividends and various https://rosinvest.com distributions from Yukos. Accordingly, Claimant’s allegation that it "by itself had the power to vote the shares and also to receive any dividends or residual resources upon liquidation" (¶¶149 C-II) is unsupported and Untrue.
[], https://rosinvest.com this Tribunal is not really known as on to sit down being an appellate court docket of very last resort examining the Russian court conclusions by now exhaustively litigated by Yukos. The Tribunal must rather figure out regardless of whether quod non any actions taken through the Russian authorities have been adequately egregious regarding represent actions tantamount to expropriation being a issue of public international regulation. [ ], the load of proof Here's squarely on Claimant’s shoulders.
На его долю пришлось около половины от общего объема вложений ...
fifty four. The Respondent also argues that Claimant hasn't revealed that it was deprived of any "fundamental possession rights " in its investment decision. If the Respondent is appropriate that "the appointment of the receiver to liquidate a company or other home constitutes an expropriation if it does not represent a authentic physical exercise of the Point out’s regulatory electric power," then the Respondent’s appointment of the receiver on 4 August 2006 also deprived Claimant of elementary ownership legal rights in its expenditure on that day.
Functions to submit last notifications to each other and the Tribunal of which witnesses and industry experts offered by them selves or by another Social gathering that they wish to examine with the Hearing. [phrases in italics additional]
Subsequently, for so long as the Participation Agreements remained set up, Elliott Worldwide was the financial owner with the Yukos shares and on your own relished all of the rights of the shareholder within a Russian firm — the best to acquire and enjoy the use of the dividends compensated about the Yukos shares, and the ideal to direct how the Yukos shares had been voted.