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The Respondent’s arguments to the contrary count on lawful authorities from the field of diplomatic safety, not bilateral financial investment treaties. [ ] confirmed that Rosneft, because the successor in curiosity to YNG, had breached its obligation to repay specified bank loan agreements among YNG plus the offshore Yukos entity. The Russian courts had annulled the awards, though the Amsterdam Court of Attraction enforced them, expressly rejecting the argument which the mortgage agreements ended up Component of an illegal tax framework set in position by the Yukos group.
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Alterations to that basic principle could possibly be used for at the most recent at the time in the Pre-Hearing Conference. In watch of the cancellation from the Pre-Listening to Convention it is actually recalled that the respective date is 7 December 2009.
three. two. The Listening to shall be held in Stockholm (later agreed being in Paris) at a site chosen through the Parties just after consultation With all the Tribunal The Get-togethers shall make the required logistical arrangements and reservations and shall share the respective costs. They shall choose the necessary techniques and advise the Tribunal without delay.
Concurrently, Yukos promoted two private pipelines that might have undermined the Transneft point out monopoly above the infrastructure for exporting oil from Russia. Also, by intending to market a the greater part stake in alone to ExxonMobil, Yukos threatened To place a significant Section of the Russian Federation’s oil reserves below international Management.
three. Article 5.1 of the united kingdom-Soviet Little bit expresses the settlement of the uk as well as USSR that investments shall not be expropriated, except for a goal in the public fascination that's not discriminatory and versus the payment of prompt and successful compensation.
Claimant could then have had no acceptable expectation that Yukos would have emerged from liquidation as being a feasible economic enterprise. Certainly, Claimant has not produced — Inspite of repeated requests4 - one document memorializing The explanations for its intended "investment decision" within the Yukos shares on March 27, 2007, the extremely day on which the first of Yukos’ bankruptcy auctions was held
4. Any witness or professional might only be recalled for rebuttal evaluation by a Party or perhaps the members of the Tribunal, if such intention is introduced in time to guarantee the availability on the witness and expert during the time on the Listening to,
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50. The Respondent to start with contends that Claimant was not deprived of the full or sizeable value of its investment because the YNG auction "transpired prolonged right before Claimant obtained an economic curiosity while in the Yukos shares, in March 2007, and very long before the UK-Soviet Little bit could are becoming applicable to Claimant as well as the Yukos shares.
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Quite a few penalties abide by from this point out of affairs, which serially and collectively mandate the dismissal of Claimant’s declare.