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The Respondent’s arguments on the contrary count on legal authorities from the sector of diplomatic defense, not bilateral financial investment treaties. [ ] confirmed that Rosneft, since the successor in interest to YNG, had breached its obligation to repay selected personal loan agreements among YNG plus the offshore Yukos entity. The Russian courts experienced annulled the awards, although the Amsterdam Court of Charm enforced them, expressly rejecting the argument which the financial loan agreements were being Component of an unlawful tax construction place in position from the Yukos group.
seven. When Claimant obtained its Yukos shares, it was considerably from sure that the corporation’s difficulties would show to become anything at all aside from short-term. At the moment;
three.eight Making an allowance for the language, context and governing law on the Participation Agreements, was it permissible for Claimant to promote the Yukos shares without the consent of Elliott, and irrespective thereof, In the event the Claimant would in fact have bought them, what would have been the lawful consequences for the issues appropriate while in the existing scenario?
b. Then again, the Tribunal notes its prior conclusion on jurisdiction which permitted the importing of the broader consent to arbitration clause in Article eight from the Denmark-Russia BIT.
34. On 22 January 2010, through the concluding remarks of the Listening to on the merits, the Functions were being asked because of the Chairman if there have been any procedural troubles which they wished to boost (Tr p, 933). The Get-togethers verified they had agreed a method to exchange remarks on significant corrections to. the hearing transcript. The Chairman even further questioned the Events "do the Functions have any objections to the way in which the Tribunal has done the method thus far?
На втором этапе работ специалисты обновят парк аттракционов и добавят новые возможности в рекреационной зоне рядом со станцией метро "Кленовый бульвар" и на площадках около исторических объектов.
Ремонт кирхи королевы Луизы будет продолжен в Калининграде
222. Being an initial issue, a difference needs to be drawn involving Claimant’s ideal and Claimant’s power to provide the Yukos shares, The shorter answer to the initial concern is usually that Claimant didn't - and knew that it didn't - have the appropriate to provide the Yukos shares when the Participation Agreements remained in place. Why else would Claimant have purportedly paid out USS 3.5 million in March 2007 to terminate the Participation Agreements if Claimant now had the proper to provide the shares? 223. It's in any event distinct like a lawful matter which the Participation Agreements conveyed a residence interest in rem from the Yukos shares to Elliott International. Respondent’s demonstration that Big apple law would take care of the Participation Agreements as possessing transferred a home curiosity from the Yukos shares to Elliott Worldwide stands unrebutted. Underneath the extended line of cases cited by Respondent, (at ¶twenty five R-II) the Participation Agreements effected a "true" sale with the Yukos shares this kind of that, in the party of Claimant’s insolvency, Elliott International - and not Claimant’s personal bankruptcy estate - would have been entitled to acquire Yukos’ dividends also to exercising the rights of a shareholder, It follows to be a matter of hornbook home regulation that Claimant, obtaining marketed the possession in the Yukos shares to Elliott Worldwide, didn't have the best to show about and offer precisely the same shares to somebody else. 224. With the Listening to, Claimant for The 1st time proposed that a Big apple courtroom would not read through into the Participation Agreements a prohibition on Claimant’s correct to offer the Yukos shares. This argument is meritless. Inasmuch as the Participation Agreements by now conveyed Everything of your financial fascination in the Yukos shares to Elliott International, there was no need to have to the Participation Agreements to provide that Claimant couldn't provide precisely the same shares a second time. Only to point out Claimant’s argument is always to refute it. 225. Respondent clarified within the Listening to that a bona fide purchaser (for price) from Claimant might have obtained superior title for the Yukos shares, Though Claimant wasn't the legal or financial proprietor on the shares. This attainable outcome won't, however, say anything about Claimant’s legal rights as an operator with the shares, but in its place answers to New York legislation’s solicitude for the legal rights of the harmless purchaser and need to market a liquid trading market place in securities, untrammeled by defects in an upstream seller’s title. This is evident from the fact that, beneath The big apple law, even a good religion purchaser for value from a thief can acquire title.
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(two) Investments of traders of every Contracting Get together shall all of the time be accorded honest and equitable cure and shall appreciate full protection and safety inside the territory of one other Contracting Occasion. Neither Contracting Get together shall in almost any way impair by unreasonable or discriminatory measures the management, maintenance, use, satisfaction or disposal of investments in its territory of buyers of the opposite Contracting Party.
b. the arbitration expenditures (Report 39 SCC Arbitration Regulations) shall be borne in equal shares between the Claimant on a single facet and the Respondent on one other side.