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3rd, the damages Claimant seeks are according to an Examination at odds Using the statements in Claimant’s Reply that Yukos' tax assessments weren't them selves expropriatory steps. As the supplemental specialist report of Professor James Dow reveals, LECG’s calculation of damages, on which Claimant depends, relies on the exact same "retroactive" tax statements that RoslnvestCo now acknowledges did not constitute acts of expropriation and, in almost any occasion, occurred effectively right before Claimant first obtained an financial fascination during the Yukos shares,

(d) Ordering that Claimant by itself shall be chargeable for the costs from the arbitration, such as the costs and charges in the Tribunal plus the SCC-Institute, and that Claimant shall reimburse the Russian Federation for its deposits Beforehand produced in regard on the charges and costs with the Tribunal and the SCC-Institute; and

(Certainly, if a thief is defined to incorporate someone that sells some other person’s house, then Claimant would have been performing for a thief experienced Claimant offered the Yukos shares to your bona fide purchaser for price,) 226. Respondent submits that a sale of assets in violation of your rights of your lawful proprietor simply cannot remodel an unauthorized vendor into a shielded Trader. If Claimant was not if not a safeguarded Trader - and Claimant was not - then Claimant did not turn into a secured Trader simply mainly because Claimant’s bona fide purchaser would have been able to amass superior title for the Yukos shares had Claimant compounded its wrongdoing, and unsuccessful to disclose that it was not the proprietor of People shares. It can not be the situation either which the violation of ! a party’s property rights can give rise to treaty legal rights or which the passions of the thief are for being favored over Individuals of an "straightforward" vendor who informs his purchaser that he is not the operator in the property currently being bought, and as result are unable to supply superior title. Dilemma three.9 227. The Get-togethers are invited to comment in increased detail within the website link that has been alleged to exist between the criminal prosecutions of Mr. Khodorkovsky and also the reassessments of your taxes claimed to generally be owing from Yukos. Claimaint (¶ one hundred thirty five CPHB-I) 228. Russian authorities arrested Mr, Khodorkovsky on 25 Oct 2003 on costs primarily stemming within the 1994 privatization of Apatit (a firm unrelated to Yukos), Although the final Prosecutor’s Office with the Russian Federation experienced concluded that there were "no grounds for it to consider motion." (CM-423) 6 months later, in December 2003, tax authorities commenced the re-audit of Yukos that reversed the results of their before audit and assessed billions of pounds of tax promises. The Audit Report of the December 2003 re-audit expressly referred for the criminal prosecution of Yukos executives to be a basis for rebutting the presumption of fine faith to which Russian taxpayers are entitled. (CM-sixty at 14) 229. The 6 April 2004 letter from the Deputy Minister of Taxes and Levies of the Russian Federation to Yukos yet again expressly connected the tax assessments from Yukos to Mr. Khodorkovsky, this time with reference to his political writings. Taken along with the various departures from proven Russian regulation that enabled the expropriation and renationalisation of Yukos’ assets, these facts suggest that the strategic goal of returning petroleum property on the control of the Russian Point out was closely linked to an effort and hard work to suppress a political opponent.

Taking into account the Calculation of Hearing Time hooked up to this Purchase, the entire highest time available for the Functions (like their opening statements and closing arguments, if any) shall be as follows:

In an identical vein, Annex BB as well as the supplemental expert report of Professor Elena A. Borisova refute Claimant’s cost that the YNG auction - which likewise transpired and became irreversible prior to March 2007 - was "rigged, " resulted in a below-sector selling price and was normally improper. On the contrary, the YNG auction comported with Russian regulation as well as Global apply. Listed here too, Claimant fails to handle the conduct of your YNG auction in the context of Worldwide apply.

and (2) a chronological list of all reveals with indications in which the respective files are available during the file.

These compensation shall total to the worth of the expense expropriated quickly ahead of the expropriation or impending expropriation grew to become public awareness. The payment shall be paid out without delay, be freely transferable and shall consist of fascination at the normal business rate. founded on a marketplace foundation in the https://rosinvest.com date of expropriation until finally the date of payment,

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• The Russian Federation has did not rebut the evidence the revenue tax procedures employed by Yukos have been lawful through the many years in question and the Russian government was very well aware of Yukos’ use of These methods from prior audits of Yukos and. with the trading corporations controlled by Yukos.

Тогда их было шесть, до наших дней сохранилось только три: Вознесенский, Казанский и Дьяковский.

To leave little question the expropriation from the belongings of an organization also constitutes expropriation of the financial commitment in shares in this sort of business, Posting 5(two) on the IPPA expressly confirms that the common of protection in Write-up five(one) applies: "In which a Contracting Party expropriates the property of a corporation or business which happens to be incorporated or constituted underneath the law in power in almost any Portion of its individual territory, and by which buyers of the other Contracting Bash Have a very shareholding, the provisions of paragraph (one) of this Article shall use."

Though the auction of almost all of Yukos’ shareholding in OAO Yuganskneftegaz ("YNG’’)—the centerpiece of Claimant’s claim—took place a couple of days after Claimant’s December 2004 invest in of Yukos shares, every one of the Russian Authorities’s selections concerning that auction experienced Also been taken beforehand, and ended up As a result also faits accomplis.

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