...including the MOC, the issuance of the Permit to develop Las Cristinas and compensation for interim losses suffered, or alternatively full compensation for the value of its investment in excess of US$3.8 billion.
The highlighted portion is an interesting little phrase. In light of the binding JV agreement "still being in effect" and rumours that China is "trying to get to the bottom" of the MOC cancellation whilst remaining in contact with KRY management in the context of an aggressive ongoing pursuit of arbitration...it would seem that KRY is sending a clear signal to the corrupt, incompetent dipshits in Venezuela: "The ball is in our court now. If you delay you pay."
In my opinion....I think Fung has already presented Venezuela with his bottom line "take it or leave it" offer (below which he has decided we are better off following arbitration to the end than gving away the store). Perhaps the "take it or leave it" part is what resulted in the cancellation of the MOC by these nincompoops. The Keystone Cops probably figured cancelling the MOC would bring us back to the bargaining table...but Fung had nothing left to give. Cancelling the MOC backfired on these imbeciles, since it did nothing to bring us back to the bargaining table and enhanced our arbitration claim. The icing on the cake is that little phrase..."compensation for interim losses suffered"....which effectively reiterates Fung's "take it or leave it" stance, underscoring the fact that KRY fully intends to pursue arbitration to its' ultimate conclusion unless the "take it or leave it" terms are met. I used to think that "compensation for interim losses suffered" referred to losses incurred since the permit denial. I now think that this phrase is speaking more to the legal and operating expenses incurred subsequent to the cancellation of the MOC and is intended to incentivize the idiots in Venezuela to expedite any settlement in accordance with Fung's "take it or leave it" offer.