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Even assuming quod non this Tribunal has jurisdiction in excess of Claimant’s claim, there was no expropriation for which Claimant could Recuperate. Being an Preliminary make any difference, Claimant itself expressly disclaims an expropriation of the Yukos shares. Claimant as a substitute seeks, based on a misreading of Short article five(2) of the united kingdom-Soviet BIT, to Get well to the alleged expropriation on the belongings of Yukos alone But Post 5(two), in offering that "the provisions of paragraph (one) of this informative article shall utilize, " doesn't enable a shareholder to Get well for that using with the property of a firm where it's invested, but fairly basically results in standing for the shareholder to say an expropriation of its possess shareholding as a result of the expropriation on the belongings of a neighborhood organization.

Contrary towards the illustration created by Claimant in its Statement of Assert that it experienced "continuously held" the Yukos shares from your day in their initially invest in in 2004, in the course of The whole lot of this period Claimant was just one in a series of nominees interposed among Yukos as well as the Cayman Islands effective proprietor with the Yukos shares, which, like Claimant, is owned and controlled by the Elliott Team.

The Supreme Court does not grant depart of attraction for people parts of the charm where the proceedings are already stayed.

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

(a) Claimant may post https://rosinvest.com new files in rebuttal to The brand new paperwork handed out by Respondent, with its Closing Assertion in the Listening to; and

To aid that elements can be taken out and copies could be designed, submissions of all files like statements of witnesses and professionals shall be submitted separated from Briefs, unbound in two-ring binders and preceded by an index of these kinds of paperwork consecutively numbered with consecutive numbering in later submissions (CM-one, CM-2 and so on.

Initial, Claimant could not have experienced a genuine expectation of realizing an economic return when it acquired an financial https://rosinvest.com fascination within the Yukos shares in March 2007, but was instead then engaging in impermissible treaty procuring.

Next, for the vital date - the date of commencement of the arbitration in October 2005 - Claimant was not entitled to most-favored-country treatment as regards the administration, upkeep, use or satisfaction of a shielded financial commitment pursuant to Short article 3(two) of the united kingdom-Soviet Little bit in connection with Article 8 in the Denmark-Russia BIT - the only real basis on which this Tribunal has Earlier determined that it could believe jurisdiction more than Claimant’s declare.

4 of its Decisions in that Award by transferring the issue of expropriation for the merits section of the arbitration, during which way can and does Respondent still raise objections on jurisdiction in the present time?

Any new exception will, on the other hand, utilize only to investments designed in its territory by buyers of another Contracting Bash after the entry into force of these exception.

Крыша двухэтажного дома загорелась в центре Ростова-на-Дону

Коммунальные сети постепенно запускают в работу в подтопленном Орске

Although the auction of the vast majority of Yukos’ shareholding in OAO Yuganskneftegaz ("YNG’’)—the centerpiece of Claimant’s claim—came about a few days after Claimant’s December 2004 obtain of Yukos shares, the entire Russian Federal government’s choices concerning that auction experienced likewise been taken beforehand, and ended up thus also faits accomplis.

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