There are many cases.

Look at Murphy, Sempra energy, Duke energy and others.

Each is different. Murphy was denied because of they didn't follow procedure of waiting the 6 months to file. They claimed the 6 months started when Ecuador became aware of the dispute and Ecuador claimed it didn't start until Murphy formalized it claim.

IMHO....the 2008 PERMIT DENIAL with taxes and bonds paid and all social obligations up to date constituted a "serious breach" of contract.

I agree whole heartily but it may not have allowed us to start arbitration. That is why I think Kry have done everything to the letter of the law. They tried to negotiate with VZ. They tried to bring in a suitable partner. It was only after the MOA was withdrawn did Kry file. VZ can't make any argument that Kry didn't follow the process. I believe the tribunal will see that Kry did everything they could to solve the dispute.

By the way I'm not an international arbitration lawyer either but I did stay in a Holiday Inn.

JJ