Court decision invalidating yukos capital natalie portman dating history
Sojitz successfully obtained an attachment order, and Prithvi's argument that the court did not have jurisdiction over the parties or the dispute was dismissed.
The case is the first time a New York court has granted an attachment order in support of an international arbitration between non-US parties.
Where the seat is outside India, and none of the arbitrators are based in India, the obligation to file returns and pay the tax will lie on the Indian business entity receiving the services.
In reaching its decision, the tribunal agreed with the Respondent’s damages report that, at the time of Ros Invest’s investment in late 2004, the market (and therefore Ros Invest) was fully aware of Yukos’ precarious situation and the government’s likely actions.
The tribunal also determined that the proper valuation date was January 2007, when the economic risk for the shares was shifted to Ros Invest (for which Ros Invest paid US .5 million—which therefore represented market value for the shares in the tribunal’s estimation).
The first instance circuit court rejected CRI's claim for the constitution of an arbitral tribunal, reasoning that the provisions of the Argentine Code of Mining concern “public order” issues.
The appeal court upheld that decision, declaring that any dispute between two mining companies which required the interpretation and application of the Argentine Code of Mining was not arbitrable.