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Regarding even further arguments on jurisdiction at this time of your treatment, the Tribunal has taken Be aware of the new aid sought by Respondent about jurisdiction, and of your events’ replies towards the Tribunal’s Issue 3.

Contrary towards the illustration produced by Claimant in its Assertion of Claim that it had "constantly held" the Yukos shares through the day in their first obtain in 2004, during the entirety of this period Claimant was just one in a chain of nominees interposed concerning Yukos and the Cayman Islands helpful operator in the Yukos shares, which, like Claimant, is owned and controlled from the Elliott Group.

Rebgun as interim manager of your individual bankruptcy proceedings who instantly applied for and was granted an injunction to prevent Yukos from getting into into transactions more than a certain threshold with out Mr Rebgun’s consent. In the whole process of proceedings ahead of a Usa bankruptcy court and Dutch courts which the interim supervisor had instigated to circumvent Yukos from dealing in its international property, Yukos productively negotiated a consent buy that demanded the, interim supervisor to submit a management financial rehabilitation proposal creditors ahead of time of your scheduled creditors’ meeting. The proposal shown Yukos was ready to carry on as a rewarding business presented that Yukos could keep on to problem the US$ 11.five billion tax assessments which were being the subject of pending appeals. (¶¶l47 - 148 C-I)

.. Лосиный остров забрали, так что будем заниматься им... Поликлиники сейчас реконструируем, ...

hearing; and (2) a chronological list of all reveals with indications the place the respective files

По его словам, в проектную документация вносятся изменения.

b. Gain taxes: The Tribunal considers that the lawful landscape in outcome in the course of the period where Yukos claimed the tax Positive aspects in the Minimal Tax Areas was described by ambiguous laws which Yukos Plainly used to its gain. However, the subsequent re-software of amorphous rules of "fantastic faith" and "proportionality" with fluid amounts of financial commitment being designed while in the Lower Tax Regions are a j weak defence by Respondent supplied the size of your tax assessed during the re-evaluation audits commencing in December 2003 and Yukos’ openness in Profiting from that tax regime when the initial audits were being carried out and in addition have been towards bona fide and discriminatory in check out on the therapy of other comparable organizations making use of very similar ways to steer clear of taxes.

Claimant could then have had no sensible expectation that Yukos would have emerged from liquidation for a practical financial organization. Certainly, Claimant hasn't produced — Even with repeated requests4 - only one document memorializing The explanations for its supposed "financial commitment" inside the Yukos shares on March 27, 2007, the incredibly day on which the 1st of Yukos’ personal bankruptcy auctions was held

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Any new exception will, even so, use only to investments made in its territory by traders of another Contracting Party once the entry into drive of these types of exception.

https://rosinvest.com fifty one. The Respondent up coming contends that, even assuming that Claimant manufactured its investment decision in 2004 (because it did), Claimant was not deprived of the total or significant price of its expenditure, since a variety of tax liens grew to become enforceable previous to Claimant’s obtain of its shares, the shares had missing a major element in their industry value, and Yukos’ management had declared that the corporation was insolvent as of 31 October 2004. Once more, the Respondent’s argument need to be rejected.

240. While urging the Tribunal to draw this allegedly "fair inference," Claimant also explained that it did not look at it "necessary" to put Mr. Khodorkovsky’s real letter inside the file, for good reasons which are now apparent. On the hearing, Counsel for Respondent, under no circumstances acquiring witnessed Mr. Khodorkovsky’s letter, was not able to reply. Following the Listening to, even so, counsel for Respondent have been in a position to down load a copy of your letter (in English) from a variety of Internet sites. That textual content fully negates the "truthful inference'' alleged by Claimant. It as a substitute displays that the legitimate basis for the Ministry’s inquiry was the exact opposite of politically-determined retaliation. The main reason is that, The truth is, Mr. Khodorkovsky’s letter contained an astounding mea culpa, lambasting fellow "liberals" and himself for having been dishonest, cynical, lawless (which include via acts of bribery), frivolous, egocentric, and insensitive towards the interests in the country and its men and women - https://rosinvest.com and urging that this historical past of wrongdoing be acknowledged "with a sense of shame." Significantly from criticizing President Putin, Mr. Khodorkovsky’s letter uncharacteristically urged support for him as "an institution that guarantees the state’s territorial integrity and stability The letter concluded, "To change the country, we have to adjust ourselves" 241. The tax authorities evidently seen these unparalleled admissions by Mr. Khodorkovsky like a doable offer you of an olive branch and, to the equally affordable assumption that Yukos’ administration would on this event as well comply with Mr. Khodorkovsky’s Management, wrote to Yukos asking, in outcome, no matter whether Mr. Khodorkovsky’s letter was a signal that Yukos was considering settling the tax statements, which it did by requesting the corporation "to substantiate the existence or absence of non-solved differences" relating to taxes for that yr 2000 (which at that point was still the sole tax yr that were reassessed). Oddly in light-weight of your seemingly very clear import of Mr.

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Numerous penalties observe from this state of affairs, which serially and collectively mandate the dismissal of Claimant’s assert.