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The Respondent’s arguments on the contrary rely upon lawful authorities from the field of diplomatic defense, not bilateral investment treaties. [ ] confirmed that Rosneft, because the successor in interest to YNG, experienced breached its obligation to repay specified mortgage agreements in between YNG as well as offshore Yukos entity. The Russian courts had annulled the awards, though the Amsterdam Court of Enchantment enforced them, expressly rejecting the argument which the financial loan agreements have been Portion of an illegal tax framework put in place from the Yukos group.
Незаконное выделение земли под точечную застройку пресекли во Владивостоке
(two) The formalistic interpretations from the tax regulation utilized by the tax authorities to disregard independent authorized entities and deny Yukos refunds of VAT on oil actually and undisputedly exported ended up Similarly inconsistent with proven Russian tax regulation and former practice, as interpreted with the Constitutional Court docket, (significantly Maggs Ip. forty eight)
Завершается реставрация консерватории имени Римского-Корсакова в Петербурге
The Legislation within the Securities Marketplace sets out in Article 28 that for an organization like Yukos, the owner of your shares is the person registered as being the owner on the guides of the business’s depositary.
Additionally, Claimant submits that a "ordinary industrial charge" would: (i) be compounded at some suitable interval; and (ii) keep in mind the component of danger connected with the expenditure as well as unlawful character from the Respondent’s steps. Claimant suggests that a typical commercial level, which include LIBOR + four %, compounded semi-yearly, should be included to any award with the date of valuation on the date of the award.
Мэр напомнил, что в царское время Коломенское славилось своими фруктовыми садами.
When Respondent now argues that Claimant was not a helpful owner, This can be irrelevant. The Saluka circumstance (CLA-34) along with a recent jurisdiction determination taken by a tribunal reviewing another scenario involving Yukos have recognized that helpful possession is irrelevant. In the other Yukos circumstance, Professor Gaillard summarised the Tribunal’s conclusions: "The Tribunal also observed that the treaty, by its conditions, relates to an financial investment owned nominally by an experienced investor. It held the Russian Federation's submission that simple lawful ownership of shares would not qualify as an expenditure under short article 1 (6)(b) on the ECT finds no help while in the textual content on the treaty." (CLA-83) The Tribunal also observed that the drafters with the ECT did not plan to limit ownership to effective possession.
"Процесс потепления нарушил условия сохранения устойчивости мерзлотных грунтов, что создает серьезные риски для сохранения устойчивости зданий и сооружений (...). ...
Суммарная стоимость первой сотни столичных элитных квартир составляет порядка ...
Госдума приняла закон о запрете привлекать коллекторов к возврату долгов по ЖКХ
2. By 15 August 2007, the Russian Federation’s expropriation and renationalization of Yukos’ belongings was finish. It had forced Yukos out of business, seized its remaining https://rosinvest.com property, and liquidated Individuals property inside of a number of individual bankruptcy auctions from which Russian condition firms -principally Rosneft and Gazprom - emerged in possession of Yukos ’Qualities.
52. When Claimant created its expenditure, Yukos was a fully working company. All of its assets remained in its possession and its business enterprise functions had been ongoing. By fifteen August 2007, the Respondent had taken all of Yukos’ property. The compelled sale of an organization’s property beneath the pretext https://rosinvest.com of tax enforcement constitutes an unlawful expropriation. There is usually no dispute which the getting of Yukos’ property experienced the outcome of expropriating Claimant’s shareholding in Yukos, since the Respondent’s actions still left Claimant the owner of shares in an vacant shell.
Several implications stick to from this state of affairs, which serially and collectively mandate the dismissal of Claimant’s assert.