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"На сегодняшний день активно строится второй этап обхода (Твери — ИФ), включая искусственные сооружения.
The hostility of the Russian Govt toward Yukos was manifest, and the autumn in the price of Yukos stock indicates that traders had started to promote their shares.
(1investments of traders of possibly Contracting Bash shall not be nationalised, expropriated or subjected to measures getting result such as nationalisation or expropriation (hereinafter called "expropriation") while in the territory of the other Contracting Get together except for a reason which can be in the general public interest and isn't discriminatory and towards the payment, without having delay, of adequate and efficient payment. These types of payment shall sum to the true value of the financial commitment expropriated right away ahead of the expropriation or right before the approaching expropriation turned public knowledge, whichever is the earlier, shall be built inside of two months from the date of expropriation, and then interest at a standard professional fee shall accrue till the date of payment, and shall be correctly realizable and become freely transferable.
"Настало время провести вторую волну благоустройства и реабилитации больших московских парков.
"Красиво получилось... даже очень! Сделаем ещё в этом году подсветку здания... И можно будет начинать внутренний ремонт всех помещений, включая выход на смотровую ...
and (2) a chronological list of all exhibits with indications the place the respective files can be found while in the file.
"Активное градостроительное развитие новой Москвы предусматривает формирование максимально гуманной и привлекательной городской среды. Экологическому обустройству ...
"Правительству Российской Федерации при участии открытого акционерного общества "Российские железные дороги", публичного акционерного общества "Сбербанк России" ...
Пострадавшие от наводнения дома нуждаются в разнице оценки - эксперт
[], this Tribunal is not really termed upon to sit being an appellate courtroom of last vacation resort reviewing the Russian court docket selections presently exhaustively litigated by Yukos. The Tribunal should instead ascertain whether quod non any actions taken via the Russian authorities had been adequately egregious as to represent measures tantamount to expropriation to be a issue of general public Worldwide regulation. [ ], the burden of evidence here is squarely on Claimant’s shoulders.
Participation Agreements - Appropriate to provide the shares 376. Respondent reiterates in RPHB-II that Claimant didn't maintain a "protected investment decision" with regards to the IPPA and that Claimant’s posture which the Participation Agreements transferred to Elliott Global only "contractual" and "financial rights" is Incorrect for a minimum of a few similar causes. To start with the one ownership legal rights Claimant experienced had been contractual in origin. These rights could in idea give increase to in rem rights, even so Claimant transferred all its Yukos connected rights beneath the Participation Agreements. 2nd, Claimant did no transfer to Elliott Global a little something apart from The whole thing of its curiosity in the Yukos shares. Claimant transferred the entirety of its interest (and retained no rights in any respect) in relation for the Yukos shares. Because of this, before March 2007, Elliott Worldwide was the sole owner from the Yukos shares and Claimant was a mere collection agent without any much more rights than an uncompensated custodian. 3rd, The point that the Participation Agreements could possibly have constituted individual securities for needs in the US securities rules will not imply which the Participation Agreements did not also transfer all of Claimant’s fascination from the Yukos shares. (¶¶ten - 14 RPHB-II) 377. Claimant’s argument that nothing from the Participation Agreements or in The big apple legislation prevented it from marketing or pledging the shares is basically Completely wrong. Claimant transferred 100% of its desire to Elliott, agreed to not get any action apart from in accordance with Elliott International’s Guidance and exercise treatment in respect of the shares like it have been the effective operator. It is actually abundantly apparent to be a make any difference of Ny legislation that Claimant did not have the proper to offer or pledge the Yukos shares for As long as the Participation Agreements remained in result. The necessary right of ownership - to transfer property - was Elliott International’s appropriate. This was unaffected by its arrangement never to work out its ideal to transfer without RosInvestCo’s consent. (¶¶15 - 16 RPHB-Ii) 378.
240. When urging the Tribunal to draw this allegedly "reasonable inference," Claimant also reported that it did not look at it "necessary" to put Mr. Khodorkovsky’s real letter while in the report, for motives which can be now clear. At the Listening to, Counsel for Respondent, under no circumstances owning found Mr. Khodorkovsky’s letter, wasn't in a position to respond. After the Listening to, nevertheless, counsel for Respondent were being ready to obtain a copy in the letter (in English) from various Web-sites. That text totally negates the "truthful inference'' alleged by Claimant. It rather shows that the true cause for the Ministry’s inquiry was the exact opposite of politically-motivated retaliation. The explanation is always that, In fact, Mr. Khodorkovsky’s letter contained an astounding mea culpa, lambasting fellow "liberals" and himself for getting been dishonest, cynical, lawless (together with by way of acts of bribery), frivolous, egocentric, and insensitive to the passions of your region and its individuals - and urging that this historical past of wrongdoing be acknowledged "with a way of shame." Far from criticizing President Putin, Mr. Khodorkovsky’s letter uncharacteristically urged guidance for him as "an establishment that assures the country’s territorial integrity and balance The letter concluded, "To change the place, we have to change ourselves" 241. The tax authorities evidently seen these unparalleled admissions by Mr. Khodorkovsky as a attainable give of the olive department and, on the Similarly fair assumption that Yukos’ administration would on this celebration way too abide by Mr. Khodorkovsky’s leadership, wrote to Yukos inquiring, in result, no matter if Mr. Khodorkovsky’s letter was a signal that Yukos was serious about settling the tax statements, which it did by requesting the company "to verify the existence or absence of non-solved differences" concerning taxes for that calendar year 2000 (which at that point was even now the only real tax year that had been reassessed). Oddly in mild with the seemingly distinct import of Mr.
(2) Investments of buyers of each Contracting Celebration shall at all times be accorded good and equitable treatment method and shall appreciate whole safety and stability from the territory of the other Contracting Occasion. Neither Contracting Get together shall in almost any way impair by unreasonable or discriminatory steps the management, servicing, use, enjoyment or disposal of investments in its territory of investors of the opposite Contracting Celebration.
215. Report 5 in the IPPA safeguards "investments of traders of both Contracting Occasion." As mentioned in EnCana v. Ecuador, "for there to happen to be an expropriation of an expenditure [...J the rights afflicted should exist underneath the regulation which results in them." (pp. 33-34, RM-116) 216. Neither standard international regulation nor the IPPA makes residence rights. The rights connected with the Yukos shares which might be protected under the IPPA are rather created via the rules of Russia, Yukos’ spot of incorporation. Russian law thus determines the existence and scope with the rights associated with the Yukos shares. 217. Russian private Worldwide regulation permits the parties into a deal to pick out the law that may govern their contractual legal rights and obligations. Because The big apple regulation will be the legislation selected by Elliott Global and Claimant to govern the Participation Agreements, Big apple law establishes Claimant’s connected legal rights and duties. 218. The legal rights related to the Yukos shares established below Russian and The big apple regulation are safeguarded underneath the IPPA only if they are an "asset" of a British isles investor for reasons of Article 1(a), i.e., "a thing of worth" to a UK Trader. In a least, Claimant will have to display that underneath the lawful placement produced by Russian and New York law it "would endure fiscal decline If your assets were ruined and destroyed." (Azurix v. Argentina, RLA-181) 219. The document demonstrates https://rosinvest.com that Claimant was in no way the authorized owner from the Yukos shares at problem, transferred the financial fascination while in the Yukos shares to Elliott Worldwide even just before it obtained the shares, and could not have experienced any hurt from an expropriation on the Yukos shares. Query three.8 220. Taking into consideration the language, context and governing law with the Participation Agreements, was it permissible for Claimant to offer the Yukos shares without the consent of Elliott, and irrespective thereof if the Claimant would in truth have offered them, what would have been the lawful penalties for the issues relevant from the current situation?