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Crystallex International Corporation is a Canadian-based gold company with a successful record of developing and operating gold mines in Venezuela and elsewhere in South America

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jimmijazz: It is important to understand that recognition/enforcement and execution are very different from a legal perspective. Granting an enforcement order does not mean that the court won't reject execution. FSIA is tricky. The assets in question must be commercial property (acta jure gestionis) and not serve official or government purposes (acta jure imperii). You might think any VZ state assets can be siezed but these are often immune. Of course the assets must be state assets (or more usually constituent subdivision or agency assets e.g. PDVH/PDVSA). I think you can see why Citgo is the main attack line and why VZ went to great lengths to dispose or shield these assets.

Crystallex are moving ahead - there is no restriction on seeking enforcement and execution at the same time. Read the Delaware cases if you want to understand in detail what Crystallex are doing regarding execution. These actions were started before ICSID granted the award (which confirms your conspiracy theory as the nonsense that it is).

One other point, some may have read or heard that compliance with ICSID awards is very high. This is misleading. Compliance is high where the investor is not forced to go down the execution route. The opposite is true. The success rate when forced to obtain execution through the courts is close to zero.


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