EZ, I'm sorry but you just have the facts wrong. Filing a claim does not constitue a default in the contract. There has to be a reason for the filing and that reason has to be not more than 2 years prior to the filing. That's why others here have quite rightly discussed the April 2011 date as being critical, as the date 2 years after the permit was unjustly denied.

If KRY waits past that date to file, there is a statute of limitations in effect and they can never claim after that date quoting that event. Also that date two years ago, not the date of submitting the claim to the ICSID sets the prices for the loss of profits claim regardless as to whether the price of metals has gone up or down since.

I am also quite sure that the denied permit was for the 20k tpd plan that produced just under 300,000 ounces of gold a year. Even if the ICSID allowed the 40 year timetable (which would have to assume that all permits were extended for that time) that is still only 12 million ounces of gold not 30 million, and the time of money discount that far out would be significant.

I really hope the other options work out for you, but considering they involve giving away 2/3 of the project, you can only hope that the ICSID do their calculations on the status at the date of the denial of the permit and not as you seem to think, the date of filing the complaint, for if that was the case any payout would be reduced to your current 1/3 share even if it was at a higher POG.