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ВТБ и ДОМ. РФ запустили в Хабаровском крае региональную льготную ипотеку
seven. When Claimant obtained its Yukos shares, it had been considerably from specific that the corporation’s difficulties would confirm being something besides short-term. At that time;
d. YNG auction: The Tribunal recollects the circumstances explained earlier mentioned when considering this auction. Specifically, it's been famous that the two bidders truly taking part have been not simply underneath Respondent’s Regulate but the profitable bidder was a completely mysterious corporation just developed prior to the auction and disappearing suitable after the auction and assigning its interests to Rusian state-owned Rosneft. The situations this bidder was even more uncovered to acquire no true places of work and Yet was in a position to boost the deposit inside the array of USS 1.
The foregoing defenses amply justify the dismissal of the scenario, without having want to the Tribunal to conduct a detailed examination of several yrs’ truly worth of information referring to tax assessments, enforcement actions and personal bankruptcy proceedings.
7. To distract the Tribunal in the evidence which the Russian Federation used its tax guidelines to engineer the expropriation and re-nationalization of Yukos’ assets, the Russian Federation initially attacks Claimant and its romance towards the Elliott, A non-public financial investment partnership, which it describes as "a notorious US-primarily based ‘vulture fund' and an archetype of.
Konnov build that Yukos' tax assessments weren't discriminatory, retroactive or too much, a summary supported by Respondent’s survey with the Worldwide tax tactics of other States, which reveals the abusive tax tactics employed by Yukos would've been treated additional severely beneath the tax devices of numerous Member States on the Council of Europe and lots of non-European States. Claimant’s empty claim the tax cure of Yukos isn't going to fulfill international standards is not supported by the actual tax exercise of other nations around the world, and Claimant, while it invokes Intercontinental tax benchmarks, has neither challenged the authorities from other nations relied on by Respondent, nor cited any of its own.
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Городские службы Москвы перевели в режим повышенной готовности
Khodorkovsky’s letter, Yukos as an alternative rejected this overture. As a substitute, in its response of April 8, 2004, that's from the document (RM-1548), Yukos once again reiterated the position which the tax evaluation was contrary to regulation, incorporating a legally irrelevant - but politically unambiguous - reference into the assistance that Yukos claimed to delight in from get-togethers "in Russia and overseas" an unsubtle sign that Yukos meant to carry on to mobilize foreign allies To place tension on the Russian Govt, Confronted with this particular sign that, whichever Mr. Khodorkovsky’s letter may have meant, Yukos was not interested in compromising its tax legal responsibility but meant as a substitute to carry on resisting payment, the authorities a person 7 days later on received the freeze order of April fifteen, 2004, citing inter alia the continuing "unresolved controversies" with Yukos. 242. Thereafter, Yukos’ administration intensified its resistance, failing for making court docket-ordered payments of taxes, concealing corporate books to frustrate attachments, trying to mislead the authorities into accepting presently-encumbered assets as protection, "bleeding" just about US$ 2 billion out of YNG when it grew to become apparent that it would be auctioned, seeking to sabotage that auction by commencing personal bankruptcy proceedings in The us (about the energy of the eleventh hour deposit of all of US$ 1.5 million in a US https://rosinvest.com bank account), and diverting further billions of dollars worthy of in property right into a Dutch stichting whose founding instrument recited that its function was to defeat Russian tax promises. While the results of all of this is the fact Mr. Khodorkovsky and his allies (which include a number of Yukos’ former professionals) have so far been capable of keep control of those foreign belongings, their tactic was in all other respects unsuccessful, and disasterous for Yukos’ other shareholders. Problem 3.ten 243. Devoid of prejudice to any potential decision from the Tribunal, in the event that the Tribunal helps make an award of payment, what are the ultimate positions of the Functions about fascination on these kinds of compensation?
two. Respondent 265. Respondent promises that the Denmark-Russia BIT is excluded from applying to the present scenario as Posting eleven(three) of that treaty delivers: "The provisions of the Settlement shall not apply to taxation.". Respondent asserts that thus all statements premised on Russian "taxation" must be excluded. Claimant has produced no attempt to clearly show, a lot less to quantify, that it had been fully or significantly deprived of its financial investment due to acts complained of, if any, apart from taxation. On this basis also, Claimant’s claim ought to be denied. (¶234 R-I) 266. In case the Tribunal considers this defence based upon exclusion of taxation matters as a result of Post 11(three) with the Denmark-Russia Little bit needs to be categorized as One more jurisdictional objection, Respondent claims which the Tribunal has authority and discretion beneath Report 22 in the 1999 Stockholm Arbitration Rules to permit Respondent to amend its pleading. Claimant wouldn't be prejudiced by this kind of ruling considering that Claimant wasn't a valuable owner with the Yukos shares for the duration of practically each of the interval during which Russian "taxation" is alleged to possess violated the IPPA. (Footnote 432 R-I) 267.
Chronology would even be deadly to Claimant regardless of whether quod non it were being entitled to claim statements depending on activities taking place from November-December 2004 onwards, when it had been a mere nominee for its Cayman Islands affiliate, as Claimant bases its situation on activities that happened even prior to this era, One example is, each of the contested tax assessments for your several years 2000-2003, the connected injunction and freezing of Yukos belongings, and the entire procedural irregularities alleged by Claimant came about just before the purchases of any of your Yukos shares.
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52. When Claimant built its financial commitment, Yukos was a completely performing enterprise. All of its property remained in its possession and its business operations were being ongoing. By 15 August 2007, the Respondent experienced taken all of Yukos’ assets. The compelled sale of a firm’s assets underneath the pretext of tax enforcement constitutes an illegal expropriation. There may be no dispute the taking of Yukos’ property had the result of expropriating Claimant’s shareholding in Yukos, because the Respondent’s steps still left Claimant the operator of shares in an vacant shell.
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