Don - NO! I see no evidence of sympathy. The court (ICSID) showed no sympathy but it did follow the law. As have all the various courts who have been asked to uphold the ICSID ruling - none of this is about sympathy. It is simply about the law.
A judge granted the waterfall agreement (whatever it actually is), shareholders said nothing. It was only after GRZ won their award that shareholders started to take notice of what was going on and even then they did nothing despite having the opportunity. I'm not convinced the opt in committee are being totally open to ordinary opt ins (who presumably are paying the bulk of the costs if successful yet have zero information or influence).
Is it so far fetched to imagine this forum slagging off the opt in committee / Gowling in due course? Maybe but it would be consistent with the track record. Are they real white knights or just the latest?