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2. Although Claimant definitely has the stress of persuading this Tribunal of The weather of its assert, the late-Professor Thomas Walde described why the Respondent also has the load of persuading the Tribunal that its defenses are well Started:
Preliminary notification of which witnesses discovered by the other social gathering that each social gathering is probably going to prefer to cross analyze at hearings.
Госдума приняла законопроект о реализации объектов ЖКХ на торгах
Будем наращивать и сосредотачивать группировку", — сказал он на расширенном заседании комитета ...
In a similar vein, Annex BB and the supplemental professional report of Professor Elena A. Borisova refute Claimant’s demand the YNG auction - which Furthermore transpired and have become irreversible before March 2007 - was "rigged, " resulted in a very down below-market place price and was normally improper. On the contrary, the YNG auction comported with Russian regulation and also international observe. Right here also, Claimant fails to handle the carry out of the YNG auction from the context of Intercontinental observe.
Doc Ask for; Claimants to commence rolling manufacture of paperwork in response to requests not objected to.
six. Just after this Award on Jurisdiction, the Tribunal will enter into session Using the Parties concerning the even further perform from the deserves section of this arbitration.
"Настало время провести вторую волну благоустройства и реабилитации больших московских парков.
The termination of the Participation Agreements on March 27, 2007 could not, in almost any party, have made a secured financial investment. By that point, the tax assessments versus Yukos had been last and irreversible, the YNG shares had been marketed at auction, Yukos had been declared bankrupt and the ultimate choice to promote Yukos’ belongings and dissolve the business were designed.
• The Russian Federation has failed to rebut the evidence the financial gain tax methods utilized by Yukos had been lawful during the years in question and that the Russian federal government was well mindful of Yukos’ usage of People techniques from prior audits of Yukos and. in the trading organizations controlled by Yukos.
(1) Investments of buyers of possibly Contracting Celebration https://rosinvest.com shall not be nationalised, expropriated or subjected to actions acquiring influence comparable to nationalisation or expropriation (hereinafter referred to as "expropriation") during the territory of another Contracting Get together aside from a intent https://rosinvest.com which is in the general public interest and is not discriminatory and from the payment, without hold off, of sufficient and powerful compensation. These kinds of compensation shall amount to the true, price of the expenditure expropriated immediately prior to the expropriation or prior to the impending expropriation became general public know-how, whichever is the earlier, shall be made inside of two months on the date of expropriation, after which interest at a standard professional price shall accrue until eventually the day https://rosinvest.com of payment, and shall be correctly realizable and become freely transferable.
nine. When these diversionary arguments are place apart, it gets to be obvious that the Russian Federation has but 1 protection: that its steps versus Yukos must be considered proper, mainly because its domestic courts upheld them. Similar lawful arguments were being State-of-the-art with regard to the authorized procedures by which two of Henry VIII's wives shed their heads, as well as the Russian Federation’s present arguments are as unconvincing as Individuals were being.
Regardless that the auction of most of Yukos’ shareholding in OAO Yuganskneftegaz ("YNG’’)—the centerpiece of Claimant’s declare—befell a couple of days immediately after Claimant’s December 2004 purchase of Yukos shares, most of the Russian Governing administration’s decisions relating to that auction had Similarly been taken beforehand, and ended up Consequently also faits accomplis.
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