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601. Beneath the Denmark-Russia BIT, as there isn't any limiting language, it is very obvious that its arbitration clause in Write-up 8 delivers jurisdiction concerning the security granted in Post four of that Little bit for expropriation. Hence, by way of the MFN clause in Write-up 3 IPPA, the existing Tribunal does have jurisdiction in that regard likewise. two. Attributability 602. The Tribunal notes that neither Get together tackled the dilemma whether or not the functions alleged by the tax ministry, courts, officers along with other bodies had been the truth is acts of organs of the Point out and attributable to Respondent. As the Events appear to do, the Tribunal regards the proof for attributability for your alleged acts on the State for consideration of the doable accountability beneath the IPPA and international law to generally be apparent. 603. The courts are organs on the Russian state. From its things to consider previously mentioned Within this Award concerning the attainable assessment of choices of the Russian courts, the Tribunal recalls its summary that on a person hand, Besides this Tribunal not performing as an charm court docket on the decisions from the Russian courts, a substantial threshold need to be utilized so as to conclude that, the carry out on the Russian courts, by by itself, could be a breach from the obligation of reasonable and equitable treatment in the shape of the denial of justice, but that on the other hand even so this does not exclude the Tribunal, in the consideration from the totality of Respondent’s measures within their cumulative influence which it finds to get proper, contains the assessment on the carry out on the courts in that context. 604. The Tribunal has elevated the concern With all the Events no matter if there ought to be any difference concerning the steps taken by Respondent toward Yukos throughout the period of time by which the Participation Agreements were in power plus the measures taken thereafter.

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Rebgun as interim manager in the personal bankruptcy proceedings who promptly utilized for and was granted an injunction to avoid Yukos from entering into transactions in excess of a certain threshold without Mr Rebgun’s consent. In the whole process of proceedings before a Usa bankruptcy court and Dutch courts which the interim supervisor experienced instigated to circumvent Yukos from dealing in its overseas assets, Yukos properly negotiated a consent order that essential the, interim supervisor to post a administration economical rehabilitation proposal creditors ahead of time on the scheduled creditors’ Assembly. The proposal demonstrated Yukos was capable to continue being a rewarding business provided that Yukos could continue to problem the US$ 11.5 billion tax assessments which ended up the subject of pending appeals. (¶¶l47 - 148 C-I)

(a) the varied possibilities and actions in Russian regulation and practice concerning the registration of shareholders, and on that foundation;

3.9 The Get-togethers are invited to remark https://rosinvest.com in bigger depth over the connection that's been alleged to exist amongst the criminal prosecutions of Mr. Khodorkovsky as well as reassessments on the taxes claimed being thanks from Yukos.

• The Respondent’s actions top up for the YNG auction stage in the same course. Rather than in search of to protect the continuing capacity to do organization and shell out taxes of the Russian Federation’s biggest personal business, the Russian authorities as an alternative continually exercised their discretion in this kind of way as to be certain Yukos’ destruction. To that finish, the Russian authorities (i) gave Yukos the minimum length of time probable to pay for tax assessments; (ii) received an injunction that froze Yukos’ belongings like https://rosinvest.com to impede Yukos’ ability to pay People assessments; (iii) seized all of Yukos’ shares in Yuganskneftegaz ("YNG"), Yukos’ principal output facility, to implement the.

six. Following this Award on Jurisdiction, the Tribunal will enter into session While using the Parties regarding the additional perform with the merits period of this arbitration.

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269. Claimant the right way details out that the so-known as "most favoured nation" (MFN) provisions in Write-up 3 with the IPPA are The premise for that Tribunal, by its Award on Jurisdiction, making use of the more favourable provisions in Write-up 8 of the Denmark-Russia BIT on the dilemma whether the Tribunal had jurisdiction for an examination of a claim of expropriation. The Tribunal considers that if, as Respondent submits, this reasoning also necessary the Tribunal to import a lot less favourable provisions in treaties, plus the much more favourable types, then numerous treaties would lose relevance. The IPPA, would not exclude promises determined by taxation and also the Tribunal is looking at a declare under that treaty, as a result over a plain studying the Tribunal should never to be bound to importing less favourable provisions from A further treaty. 270. The Tribunal notes that Respondent has not positioned Significantly emphasis on this issue in its presentation of the case. This notwithstanding, the Tribunal is hesitant to offer a shallow remedy into the MFN issue. Report three of the IPPA stops Respondent from subjecting investments or returns of traders to procedure much less favourable than that which it accords to investments or returns of traders of any 3rd point out.

three.six. If a witness whose assertion has been submitted by a Party and whose examination within the Hearing has long been asked for by the opposite Occasion, isn't going to seem at the Listening to, his statement will not be taken into account with the Tribunal. A celebration may implement with causes for an exception from that rule.

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239. At the hearing, Claimant argued this letter constituted retaliation versus Yukos for that "problem" created by Mr. Khodorkovsky’s "Talking up" against the Russian Govt by, publishing "a letter addressing the political circumstance in Russia."

three.eight. Really should the Events be presenting a witness or pro not testifying in English and therefore necessitating interpretation, They may be predicted to supply the interpreter Unless of course agreed otherwise.

The Trader affected shall Have a very right, underneath the law in the Contracting Social gathering generating the expropriation, to prompt assessment, by a judicial or other independent authority of that Occasion, of his or its case and from the valuation of his or its financial commitment in accordance Along with the rules set out On this paragraph.