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Claimant, in its Reply, would not contest Respondent’s demonstration in Annex B towards the Assertion of Defense which the beginning cost, closing rate and other parameters from the YNG auction were being in compliance with Russian legislation and in line with Intercontinental observe, and which the steps of Yukos and its management - in blocking the participation of your probably bidders and sources of finance - were being liable for The reality that the cost understood to the YNG shares, although bigger than several pre-auction valuations, wasn't larger nonetheless

In reaction, Claimant has basically changed its Tale. As established out in Claimant’s Reply, Claimant now asserts that it was the authorized (or nominal) owner with the Yukos shares continually until finally they had been de-detailed in late 2007, and that Yukos’ property (instead of Claimant’s interest from the Yukos shares) have been expropriated in the YNG auction and in subsequent auctions held, beginning in March 2007, in implementation on the ' personal bankruptcy courtroom’s get that Yukos be liquidated.

five. At the time that Claimant produced its buys, Yukos shares ended up buying and selling at costs well down below their historic highs, due largely to your menacing tone that were taken toward Yukos by The federal government of your Russian Federation. By ' the autumn of 2004, the CEO together with other prime supervisors of Yukos had been arrested and were staying detained on many costs, plus the tax authorities on the Russian Federation had started to j assert enormous claims for back taxes towards Yukos heading back to the year 2000.

Any measures that transpired thereafter didn't concern a viable enterprise and important assets being expropriated. The expropriation Claimant alleges Consequently occurred, if ever, just before Claimant first acquired even an arguably guarded interest, and, Claimant’s new theory notwithstanding, a similar asset will not be expropriated two times.

• As early as 1997, Vladimir Putin advocated which the Russian State should regain and manage Regulate more than privatized petroleum methods, Following his election in 2000, President Putin publicly expressed a need to "liquidate the oligarchs as a class, " although he then presented the oligarchs a "truce " pursuant to which the perceived sins on the privatizations would not be revisited as long as the oligarchs stayed outside of politics.

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(b) the Get-togethers are invited to post with their 1st spherical Write-up-Listening to Briefs an agreed English translation of the full text of "Regulation 9-Z" of your Republic of Mordovia of which a partial text has long been submitted as RM-644.

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Khodorkovsky’s letter, Yukos alternatively rejected this overture. In its place, in its response of April eight, 2004, that's within the report (RM-1548), Yukos once again reiterated the posture that the tax assessment was Opposite to law, introducing a legally irrelevant - but politically unambiguous - reference for the aid that Yukos claimed to enjoy from events "in Russia and overseas" an unsubtle signal that Yukos supposed to carry on to mobilize overseas allies To place pressure around the Russian Governing administration, Confronted with this particular indication that, whatever Mr. Khodorkovsky’s letter may need meant, Yukos was not enthusiastic about compromising its tax liability but intended alternatively to carry on resisting payment, the authorities one particular 7 days later on received the freeze order of April fifteen, 2004, citing inter alia the continuing "unresolved controversies" with Yukos. 242. Thereafter, Yukos’ management intensified its resistance, failing for making court docket-purchased payments of taxes, concealing company books to frustrate attachments, trying to mislead the authorities into accepting already-encumbered assets as security, "bleeding" just about US$ 2 billion from YNG when it became apparent that It will be auctioned, trying to sabotage that auction by commencing personal bankruptcy proceedings in America (on the strength of the eleventh hour deposit of all of US$ 1.five million in the US bank account), and diverting https://rosinvest.com additional billions of pounds worthy of in property right into a Dutch stichting whose founding instrument recited that its reason was to defeat Russian tax statements. Whilst the result of all of this is always that Mr. Khodorkovsky and his allies (which include several of Yukos’ former supervisors) have to date been able to keep control of All those international belongings, their method was in all other respects unsuccessful, and disasterous for Yukos’ other shareholders. Question three.10 243. Devoid of prejudice to any long run choice of the Tribunal, in case the Tribunal makes an award of payment, what are the final positions with the Events with regards to interest on this sort of payment?

• "The District Court is of your viewpoint the system of affairs as represented... can only bring on the summary that the way during which the additional tax evaluation owed by Yukos Oil, and the dimensions thereof,ws assessed to start with by the Russian Tax Authorities and subsequently because of the tax court docket are unable to stand the test of criticism.

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desiring to make favourable problems for increasing investments by traders of one Contracting Occasion in the territory of the opposite Contracting Social gathering,

- the alleged infringement of Yukos’ owing course of action legal rights with respect on the court proceedings associated with the Tax Evaluation for 12 months 2000; and

This really is correct irrespective of whether, and also to what extent, the tax enforcement actions by themselves could possibly have complied with Russian domestic regulation. Official compliance with domestic law is probably not used to justify the destruction of A personal company and justification the uncompensated transfer of that enterprise’s belongings to the point out.This sort of actions constitute an unlawful expropriation below Worldwide legislation, no matter how they might be viewed under domestic law, and are actually so perceived by Worldwide courts and commentators. :

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