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two. Although Claimant certainly has the load of persuading this Tribunal of The weather of its claim, the late-Professor Thomas Walde stated why the Respondent also has the load of persuading the Tribunal that its defenses are very well Started:

"В рамках реализации девелоперского проекта инвестор проведет ремонт памятника "Поднимающий знамя", стоящего около здания бывшего кинотеатра "Брест" на Ярцевской ...

The 3rd characteristic attribute with the Elliott Group is lack of trustworthiness. Customers of the Elliott Team, such as Claimant, current them selves as traditional buyers, superior ready than Other folks to assess distressed current market problems, and but, with extraordinary constancy, the courts Listening to the authorized steps they have got brought searching for windfall profits have discovered their proffered explanations amazing, finding rather that their investments created sense provided that right away backed by lawful action [ ], This is certainly also the situation listed here in relation to Claimant’s purchase of Yukos shares.

Recognising which the promotion and reciprocal protection beneath Worldwide agreement of this sort of investments will likely be conducive on the stimulation of business initiative and may add to the development of economic relations in between The 2 States;

Desiring to generate favourable ailments for better expenditure by buyers of one Point out during the territory of the opposite State;

To facilitate that pieces is often taken out and copies can be produced, submissions of all files which includes statements of witnesses and experts shall be submitted divided from Briefs, unbound in two-ring binders and preceded by a listing of these files consecutively numbered with consecutive numbering in later on submissions (CM-one, CM-two and so forth.

599. Further, the Tribunal normally takes under consideration the submissions via the Get-togethers concerning the different disputed measures and elements summarized above, and notes especially the submissions with the Get-togethers about the cumulative effect of the assorted strands of Respondent’s actions in respect of Yukos. And even more, the Tribunal refers to its personal criteria and conclusions earlier mentioned with regard to those specific actions and factors. As pointed out higher than, the Tribunal considers that an evaluation of whether or not Respondent breached the IPPA can only be proficiently conducted If your conduct in general is reviewed, instead of isolated measures or aspects.

Respondent (¶¶ 39 - 41 RPHB-I) 202. Claimant’s unfounded assertion within the Listening to notwithstanding, almost nothing in Russian regulation or observe would have prohibited Claimant from getting to be the authorized operator from the Yukos shares. Respondent cited at the hearing a leading commentary on Russian corporation law, and two scenarios involving overseas events who had develop into the legal homeowners of Russian shares. These products stand unrebutted. 203. In order for Claimant to became the authorized owner with the Yukos shares, Claimant require only have entered into a depositary account agreement with an authorized Yukos share depositary.

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The facts, when recognized, also https://rosinvest.com sharply contradict the highly implausible conspiracy principle Claimant proposes (on the basis of what it admits is "circumstantial evidence") as a proof for Yukos’ demise. Claimant's grand conspiracy, which accuses Respondent of intentionally destroying Yukos as a way to "re-nationalize" its petroleum property, is basically borrowed from the self-serving propaganda that Yukos’ former managers and managing shareholders unfold throughout the media in their tries to intimidate Respondent from imposing its legislation.

Participation Agreements - Proper to market the shares 376. Respondent reiterates in RPHB-II that Claimant did not keep a "protected financial commitment" concerning the IPPA and that Claimant’s posture that the Participation Agreements transferred to Elliott Worldwide only "contractual" and "economic legal rights" is Completely wrong for at least a few associated factors. First of all the one ownership rights Claimant had were being contractual in origin. These rights could in principle give rise to in rem legal rights, on the other hand Claimant transferred all its Yukos similar rights beneath the Participation Agreements. Next, Claimant did no transfer to Elliott Intercontinental one thing in addition to Everything of its curiosity in the Yukos shares. Claimant transferred The whole thing of its curiosity (and retained no rights at all) in relation on the Yukos shares. Due to this fact, before March 2007, Elliott Intercontinental was the only real proprietor of the Yukos shares and Claimant https://rosinvest.com was a mere selection agent without additional legal rights than an uncompensated custodian. 3rd, The reality that the Participation Agreements could possibly have constituted different securities for needs in the US securities regulations doesn't mean the Participation Agreements did not also transfer all of Claimant’s interest from the Yukos shares. (¶¶ten - fourteen RPHB-II) 377. Claimant’s argument that nothing at all inside the Participation Agreements or in New York legislation prevented it from advertising or pledging the shares is essentially wrong. Claimant transferred one hundred% of its curiosity to Elliott, agreed not to choose any motion aside from in accordance with Elliott Worldwide’s Guidance and work out care in regard of the shares like it had been the valuable owner. It can be abundantly very clear as a subject of New York legislation that Claimant did not have the right to market or pledge the Yukos shares for As long as the Participation Agreements remained in effect. The necessary right of ownership - to transfer house - was Elliott Intercontinental’s right. This was unaffected by its agreement to not workout its right to transfer with no RosInvestCo’s consent. (¶¶fifteen - sixteen RPHB-Ii) 378.

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Whilst the Respondent’s threats can have permitted Claimant to acquire its Yukos shares at a frustrated value, the value of its expenditure is effectively based on calculating Claimant’s proportionate share of the net asset value of Yukos. If the steps taken with the Respondent towards Yukos after Claimant acquired its shares had been unlawful, as Claimant has shown, Those people actions deprived Claimant of the total value of its expense-US$ 232.seven million as of the date of the final personal bankruptcy auction, 15 August 2007.