I agree mid, a suit would be the end of any chance of a deal, which I think is coming, just very slowly.

And no, CJR, I just did a quick read of the treaty and there is no exhaustion of remedies requirement -- i.e you do not need to follow the whole legal route in Venezuela, you just have to inform them that there is an impasse, and you want to arbitrate the problem. Indeed, there is a specific provision that you can waive further remedies in the host country courts and proceed to arbitration.