I have said for a long time that I thought Kry was following the proper process. Many here have stated that Kry should have filed long ago, stopped building the hospitable and serer plant to save money.
Azurix announced it would withdraw from the contract as of January 2002, accusing the regional government of "serious breaches", and later filed a compensation claim with the ICSID ("Azurix Corp. v. Argentine Republic (Case No. ARB/01/12)"). The concession was terminated in March 2002; in 2007 the ICSID awarded Azurix $156m in compensation (substantially less than the $620m Azurix originally invested and subsequently claimed in damages). On September 2009, the ICSID Ad Hoc Annulment Committee affirmed the award, rendering the arbitration final[1].
IMHO....the 2008 PERMIT DENIAL with taxes and bonds paid and all social obligations up to date constituted a "serious breach" of contract.
Full Disclosure...I am not an international arbitration lawyer