While it is certainly substantial, I don't think the cost of arb is as substantial as you may think. And, it appears that at least a chunk of it has already been paid. I think we are on the downslope of arb costs going forward. Earlier this year, Cividale posted a reply from RM regarding arb costs which stated in part:

"The total costs for ICSID claims have been estimated by others at $5-$8 million dollars from prep to finish. Crystallex has been working with Freshfields since 2008 and is advanced in the process and already incurred some of the prep costs in 2008, 2009 and 2010. More recent case filings appear to be working through the ICSID process in a more timely manner than older cases. Probably based on new procedures and rules implemented by ICSID in the last couple of years, implemented to speed up the process. I note in some cases the ICSID panels have been situated within a matter of a couple of months from the registration of the case. One of the other factors that has a direct influence on the pace of the procedure is the timing of the full memorial filing. Some companies in the process have taken more than a year or two to prepare and file their memorial while others have filed it within weeks of the panel being constituted."

http://agoracom.com/ir/Crystallex/forums/discussion/topics/474453-arbitraton-cost-and-timeline-rm/?message_id=1530244#message_1530244

In addition, KRY's 2011 Q3 report indicates: "The increased loss of $7.4 million for the first nine months of 2011 compared to 2010 is mainly due to increased general and administrative expenses of $2.7 million, resulting from onetime expenses associated with the current refinancing and higher legal and consulting expenses associated with the start up of the Company’s arbitration claim." And for the 9 months ending Sept. 30, 2011:

Who knows how much of that went directly to arb, but I would guess it's a good chunk. The Q3 report went on to state:

"The Company will need to raise additional funds to pursue international arbitration, to fund its reclamation obligations in Venezuela and for general working capital. The Company has sold equipment held in storage for $18.7 million and has signed an option agreement to sell additional equipment. If the equipment covered by the option agreement is sold, those proceeds, together with the proceeds already received are expected to be sufficient to fund litigation and general working capital until the end of 2012. There are however, no assurances that the proceeds of equipment sales will be sufficient to cover these expenses and the timing of the receipt of further sales proceeds is uncertain. "