I agree, "circumvented" wasn't the right word, but I suspect that part of the defence that comes out during the ICSID hearing will include a claim to that effect. I'm not suggesting that KRY did the wrong thing, and in their place I would only make available the absolute minimum required by the contract, but these issues can be used by lawyers to make "bad faith" claims against the party making a claim.

A contract implies that both parties to it act in good faith to ensure that the intent of the contract is compled with, even if it isn't specificly written in. There is no doubt that the CVG has NOT acted in good faith, but the lawyers will try to paint both sides with the same brush.

Remember that parts of the contract will fall under Venezuelan contract law rather than International ICSID standards and there is going to be an almighty legal fight to determine which parts are strictly covered by each standard.