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Claimant, in its Reply, will not contest Respondent’s demonstration in Annex B on the Assertion of Protection the starting off selling price, closing selling price as well as other parameters of the YNG auction had been in compliance with Russian law and in keeping with international observe, and which the steps of Yukos and its management - in blocking the participation of your probably bidders and resources of finance - had been chargeable for the fact that the price recognized for that YNG shares, whilst higher than lots of pre-auction valuations, was not increased nonetheless
6 billion in taxes, interest, and fines. The timing from the audits and speed with which the tax authorities abruptly uncovered an alleged US$ 24.one billion tax fraud are effective aid with the inference which the tax assessments - lawful or not beneath Russian law (and they were not) - have been a pretext for doing away with Mr. Khodorkovsky whilst renationalizing all of Yukos’ oil and gasoline belongings.
- the inclusion in Yukos’ receivership proceedings in the statements associated with Yukos’ unpaid tax liabilities.
3.eight. Need to the Get-togethers be presenting a witness or expert not testifying in English and therefore necessitating interpretation, They may be expected to supply the interpreter Unless of course agreed or else.
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• The Russian Federation has failed to rebut the proof the profit tax procedures utilized by Yukos were lawful in the course of the many years in dilemma and which the Russian govt was effectively aware of Yukos’ use of People strategies from prior audits of Yukos and. on the buying and selling organizations managed by Yukos.
51. The Respondent following contends that, even assuming that Claimant created its expenditure in 2004 (because it did), Claimant wasn't deprived of the total or significant price of its financial investment, mainly because many tax liens grew to become enforceable before Claimant’s purchase of its shares, the shares had missing a significant component of their market value, and Yukos’ administration had declared that the corporate was insolvent as of 31 October 2004. Again, the Respondent’s argument needs to be rejected.
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fifty two. When Claimant produced its financial commitment, Yukos was a totally performing company. All of its property remained in its possession and its small business functions were ongoing. By 15 August 2007, the Respondent experienced taken all of Yukos’ property. The forced sale of a corporation’s assets underneath the pretext of tax enforcement https://rosinvest.com constitutes an unlawful expropriation. There can be no dispute that the having of Yukos’ belongings experienced the impact of expropriating Claimant’s shareholding in Yukos, since the Respondent’s steps left Claimant the owner of shares within an vacant shell.
In combination with the foregoing time-centered defenses, you will discover other https://rosinvest.com Similarly powerful grounds for dismissal of Claimant’s claim on The idea with the provisions of the united kingdom-Soviet BIT and for a matter of community Intercontinental regulation.