The Sumrains against the state of kuweit. Perfect overview for some steps. It have both scenarios: suspension because of the try to kick out one arbitrator and suspension because of a agreement.
https://www.italaw.com/sites/default/files/case-documents/italaw16452.pdf
I believe the suspension is more likely because of the try to disqualify a arbitrator and to delay the proceedings. Because in the case of suspension of negotiations the tribunal issued a procedural order to show they take note of the agreement. We didn’t have that yet.
It took close to 3 months for the tribunal to dismiss the try to disqualify. That would match to the Chinese play book to delay and delay, like zijin does in the ICC against us. Remember fasken (zijin lawyer) is part of the icsid drc team. In 3 months they would see if locke will pay us the 20 million. They could see if we have enough money to continue with the proceedings over the next years if necessary. And we face a potential delisting in the near future, without locke and delisted there is the potential that we don’t have access to new money. Only if we relist, but under current circumstances it would be a disaster without a ML and have the potential of a hostile takeover.
The interim orders are still active in suspension. But if the response time really exist for a final order, then this could be on ice until a decision is made because it’s necessary to clarify if a arbitrator is suitable for the proceedings first. There could be a other reason for a suspension, for me in relation to the bigger picture of the evil Chinese plan it could match.
