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(one) Neither Contracting Bash shall in its territory issue investments or returns of traders of the opposite Contracting Celebration to therapy a lot less favourable than that which it accords to investments or returns of investors of any 3rd State.

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5. At enough time that Claimant made its purchases, Yukos shares were trading at selling prices very well underneath their historic highs, thanks in large part into the menacing tone that had been taken towards Yukos by The federal government with the Russian Federation. By ' the autumn of 2004, the CEO and also other leading supervisors of Yukos were arrested and were being detained on different charges, and also the tax authorities of your Russian Federation had started to j assert enormous promises for back again taxes towards Yukos likely again on the yr 2000.

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• The Russian courtroom decisions complained of don't them selves sum to steps tantamount to expropriation, and in any celebration, did not result in a complete or substantial deprivation of Claimant’s shareholding, nor had been any of your tax assessments or associated enforcement measures or individual bankruptcy proceedings, all of which had been upheld by Russian courtroom decisions, expropriatory. [].

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six. Soon after this Award on Jurisdiction, the Tribunal will enter into consultation Along with the Get-togethers regarding the more carry out of your merits stage of this arbitration.

8. The Respondent following mounts a belated, unfounded, and scarcely veiled assault within the Tribunal’s jurisdiction, a lot more than a calendar year after the Tribunal issued an in depth award getting that it experienced jurisdiction in this case.

304. Claimant will make no different claim dependant on acts that transpired just after Claimant acquired beneficial ownership in 2007. In any celebration, no claim of expropriation may be based solely on these types of acts, considering that by that date the Tax Assessments for every of Years 2000-2003 (and later on several years) were certainly upheld through the Russian courts, YNG experienced already been sold, Yukos had currently been formally declared bankrupt, and its remaining belongings had been in the entire process of currently being liquidated. «221 R-I) Contentions in Respondent’s Surreply R-II 305. In its Surreply (R-II) Respondent argues that Claimant was neither the lawful nor was it the financial proprietor with the Yukos shares in advance https://rosinvest.com of 2007. Respondent also rebuts Claimant’s arguments that Respondent’s reliance on customary Worldwide legislation is irrelevant. Claimant not the lawful proprietor 306. Regarding its assert that Claimant wasn't the authorized proprietor, Respondent argues which the legislation below which the Tribunal ought to Appraise Claimant’s https://rosinvest.com assertion that https://rosinvest.com it is the legal operator from the Yukos s har es is Russian law. Below applicable Russian law, CSFB was the legal operator on the Yukos shares. Less than Russian regulation, specially the Federal Legislation "Over the Securities Sector" (RM-841 and RM-845), only people detailed (in so-referred to as "depo-accounts") around the textbooks and information of the accredited securities depository are legally recognised as being the proprietors of the relevant shares, and no other man or woman has any legally recognised legal rights as being a shareholder in relation to the corporate, (¶¶l -7R-TU 307. CSFB was registered Using the depository because the holder of the Yukos shares and as a consequence was whatsoever applicable situations the one individual with authorized possession from the shares and so the only man or woman entitled to authorized rights as being a shareholder in relation to the company for a issue of Russian regulation. (¶¶R-II) 308. Under the Russian Joint Stock Companies Law, and confirmed by the Supreme Arbitrazh Courtroom (in a scenario cited in RM-851), CSFB, given that the authorized proprietor from the shares, was the one individual entitled to get notices of shareholders’ meetings, show up at shareholders’ meetings and also to vote the Yukos shares. CSFB is also the only real individual entitled to obtain dividends and other distributions from Yukos. Accordingly, Claimant’s allegation that it "by yourself experienced the facility to vote the shares also to acquire any dividends or residual resources on liquidation" (¶¶149 C-II) is unsupported and Wrong.

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Files [ ] reveal that Claimant 1st turned the valuable owner on the Yukos shares in 2007, extended right after these proceedings had been commenced and only months prior to completion of Yukos’ liquidation in individual bankruptcy proceedings. At all times prior to 2007, the not long ago made documents exhibit the helpful operator from the Yukos shares to are a limited partnership proven in the Cayman Islands, a jurisdiction not included by the UK-Soviet Little bit.

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(b) Nor has the Russian Federation rebutted the proof the tax assessments had been discriminatory, as the cure of Yukos because of the Russian tax authorities was dramatically unique from its cure of other likewise positioned Russian oil organizations.