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Contrary towards the illustration made by Claimant in its Assertion of Claim that it experienced "continually held" the Yukos shares in the date of their very first order in 2004, all through the entirety of this period Claimant was only one in a chain of nominees interposed concerning Yukos and also the Cayman Islands beneficial operator on the Yukos shares, which, like Claimant, is owned and controlled through the Elliott Team.
• "[T]he instances of the arrest and prosecution of major Yukos executives recommend the fascination of the point out’s action in these circumstances goes outside of the mere pursuit of legal justice, and incorporates aspects such as the weakening of the outspoken political opponent, the intimidation of other wealthy individuals along with the regaining of control of strategic economic assets." (Council of Europe Parliamentary Assembly, January 2005.)
• At last, the concentrating on of small business people today and attorneys affiliated with Yukos and its shareholders, the procedural inequities while in the Russian court proceedings, and also the disparate treatment of Yukos’ opponents all contradict the Respondent’s continued professions of fine religion.
The Russian tax authorities’ abandonment, just after YNG was transferred to Rosneft, of most of their declare to Pretty much US$ four.4 billion in back taxes that were assessed from YNG when it had been owned by Yukos is equally instructive.
Станцию столичного метро "Бачуринская" достроят в https://rosinvest.com этом году
c. Repeat offender fines: The US$ three.8 billion repeat offender fines on The idea of carry out pre-relationship the tax audit again seems towards the Tribunal as being a departure from observe utilized previously and from that granted to other organizations and so for being one particular Portion of a cumulative effort to stop Yukos’ ongoing existence.
"Правительству Российской Федерации при участии открытого акционерного общества "Российские железные дороги", публичного акционерного общества "Сбербанк https://rosinvest.com России" ...
Дороги в городах и поселках вдоль БАМ отремонтируют в Иркутской области
• The Russian Federation has failed to rebut the evidence the revenue tax procedures used by Yukos were https://rosinvest.com authorized in the years in problem and which the Russian government was well conscious of Yukos’ use of These tactics from prior audits of Yukos and. with the buying and selling businesses controlled by Yukos.
Комплекс по производству мясной продукции расширят на западе Москвы
To leave no doubt which the expropriation with the property of a corporation also constitutes expropriation of the investment in shares in this sort of enterprise, Post five(two) with the IPPA expressly confirms which the conventional of safety in Short article 5(one) applies: "In which a Contracting Social gathering expropriates the property of a company or company which can be integrated or constituted underneath the law in power in any Portion of its have territory, and wherein investors of the opposite Contracting Celebration have a shareholding, the provisions of paragraph (one) of this information shall implement."
4. The Russian Federation can't justification its getting of Yukos ‘ belongings as a bona fide workout of its tax enforcement powers. In truth, the Opposite is correct: the Russian Federation misused its tax enforcement powers to accomplish and make an effort to legitimize its seizures of strategic petroleum assets from a troublesome political opponent. The Russian Federation disregarded current Russian legislation to impose more than USS 9.
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