You could speculate if AVZ had gone bust at the end of last year would Kobold now have Roche Dure ? AVZ handed Kobold a sh1t sandwich today . If the DRC are against AVZ then Kobold is out .
The DRC and AVZ had to show to the USA that they had good intent and were prepared to negotiate.
Also the DRC considered any delay in ICSID proceedings something they had been playing for all along, so of course they agreed and hoped AVZ would go for another extension and another and another.
It is obvious the DRC miscalculated on that point.
However with the inclusion of CKK on the 'expert team' of the DRC to advice FT, it was painfully obvious that AVZ had Buckley's chance for the DRC being willing to negotiate with AVZ.
CKK would sign his own and wife's death sentence if he would.
In my opinion the DRC did themself a disservice in showing they had no intention to negotiate with AVZ at all, after AVZ went ahead and agreed with the DRC to apply for a suspension of the proceedings to make negotiations possible in a gesture of goodwill.
Of course the ICSID will take the DRC's attitude in consideration and, imo, it is not helpful for the DRC in its case against AVZ.
Any further attempt from the DRC to delay again will highly likely return a fuck off.
Also there is no reason for ICSID to drag this out and continue with its proceedings ASAP and a speedy outcome.
The advantage for AVZ is that ICSID will give a verdict expressed in a monetary value, so Kobold knows also what the go is.
In my opinion it is not all bad, but was to be expected.
It is clear that Felix's choice of 'expert advisors' gave an early indication the way the DRC would go.
One only has to read CKK's Communique posted on 24/3 in response to the ICC ruling that Cominière had to pay AVZ €39 million in which he made it very plain, he did not recognise any AVZ claim over Manono in any shape or form, therefore 'What fine?'.
To believe that he would advice after that to negotiate with AVZ would be playing with your willy.
All IMO.