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assessments; (iv) refused to just accept any of Yukos’ offers to satisfy the tax statements with other assets; and (v) refused to hold off or forego the auction from the voting shares of YNG Despite the fact that Yukos experienced (pending a resolution of its lawful issues) by the time on the auction contented The whole lot of its alleged calendar year 2000 liability.

Preliminary notification of which witnesses identified by the opposite occasion that every party is probably going to would like to cross study at hearings.

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Listening to; and (two) a chronological listing of all exhibits with indications the place the respective files

(a) natural folks getting the citizenship or nationality of that Contracting Get together in accordance with its legislation,

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And as are going to be observed below, For a lot of months soon after Claimant very first turned a nominal owner on the Yukos shares, they might have been marketed for what an affordable Trader might have considered an exceedingly handsome gain—a return of virtually 20% for each annum. But a call was made never to promote the Yukos shares for "smaller" earnings, but instead to help keep the shares, and convey this claim, trying to get damages wholly divorced from the quantity of any expense that Claimant may possibly plausibly be considered possessing designed.

four. Any witness or qualified may well only be recalled for rebuttal examination by a Party or maybe the associates of the Tribunal, if this kind of intention is declared in the perfect time to assure The supply of your witness and expert in the course of the time in the Listening to,

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Participation Agreements - Appropriate to provide the shares 376. Respondent reiterates in RPHB-II that Claimant didn't keep a "protected financial investment" with regards to the IPPA Which Claimant’s situation which the Participation Agreements transferred to Elliott Worldwide only "contractual" and "economic rights" is Incorrect for at least three connected good reasons. For starters the one possession rights Claimant experienced ended up contractual in origin. These rights could in principle give increase to in rem rights, having said that Claimant transferred all its Yukos similar rights under the Participation Agreements. 2nd, Claimant did no transfer to Elliott Intercontinental a little something other than Everything of its desire within the Yukos shares. Claimant transferred The whole https://rosinvest.com thing of its curiosity (and retained no legal rights in the slightest degree) in relation to the Yukos shares. Because of this, just before March 2007, Elliott Intercontinental was the sole owner in the Yukos shares and Claimant was a mere collection agent without having far more legal rights than an uncompensated custodian. Third, The reality that the Participation Agreements could possibly have constituted individual securities for applications on the US securities legislation will not suggest the Participation Agreements did not also transfer all of Claimant’s fascination during the Yukos shares. (¶¶10 https://rosinvest.com - fourteen RPHB-II) 377. Claimant’s argument that very little in the https://rosinvest.com Participation Agreements or in Big apple legislation prevented it from offering or pledging the shares is fundamentally wrong. Claimant transferred a hundred% of its fascination to Elliott, agreed not to take any motion besides in accordance with Elliott Intercontinental’s Directions and workout treatment in respect from the shares as though it had been the advantageous proprietor. It really is abundantly clear for a subject of Ny regulation that Claimant did not have the appropriate to promote or pledge the Yukos shares for so long as the Participation Agreements remained in influence. The important suitable of possession - to transfer house - was Elliott Intercontinental’s appropriate. This was unaffected by its settlement not to exercising its ideal to transfer with no RosInvestCo’s consent. (¶¶fifteen - 16 RPHB-Ii) 378.

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The main focus of Respondent’s actions was Plainly on Yukos no matter its domestic or overseas shareholders.