Don-wys,

You are absolutely right: Vz. is not stupid. If they could have gotten the mining data through the ICSID arbitration, they would have. They actually had some of the best arbitration lawyers money can get. The trouble is that they could not do so for a very simple reason: KRY (and Gold Reserve, Rusoro) could not include the mining data in its arbitration claim because KRY (and Gold Reserve, Rusoro) ALREADY OWNED AND HAD ACTUAL POSSESION OF THEIR DATA.

Not everybody knows this, so let's make sure everybody does:

When you file for arbitration you do so to try to recover something (e.g. Las Cristinas gold mine) that someone has taken from you (e.g. Vz.). So, your objective is to re-take possesion of your thing, or the corresponding value, if you cannot get the actual thing back. Therefore, in arbitration you cannot claim something you own that nobody has taken away from you.

And Vz. could not file a counter-claim because KRY owned the mining data it obtained and paid for with its own money (this excludes the mining data obtained and paid for by Placer Dome, which Vz. owns and has possesion of, but  which was not complete to enable the development and explitation of the mine), i.e. KRY owned it and Vz. could not claim that KRY had taken possesion of something Vz. did not own in the first place.

This was the reason why Vz. could not get the Gold Reserve and Rusoro Mining data through the ICSID arbitration and had to agree to pay an additional amount on top of the ICSID award to get it. Thus, Gold Reserve got $240 million, and Rusoro close to $200 million.