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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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Message: Re: The CHinese are very, very shrewd

This is the link to the actual treaty between Canada and Venezuela. http://www.sice.oas.org/bits/caven1_e.asp

While the PR did ask for either the reinstatement or compensation, the treaty talks about either compensation or return of seized property -- but KRY didn't lose property that it claimed to own. KRY is asking for the reinstatement of a contract. The relevant clause states that the reward can only be compensation or the return of seized property.

ARTICLE XII: Settlement of Disputes between an Investor and the Host Contracting Party

9. A tribunal may award, separately or in combination, only:

    1. monetary damages and any applicable interest;
    2. restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution.

A tribunal may also award costs in accordance with the applicable arbitration rules.

Where an investor brings a claim under this Article regarding loss or damage suffered by an enterprise the investor directly or indirectly owns or controls any award shall be made to the affected enterprise

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Feb 20, 2011 11:19AM
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