I don't think anyone is saying the Clifford Chance article is invalid. It's just part of the ongoing propaganda war being waged between Oxus and the Kyrgyz government. Threats and counter-threats, that's the way business is done in these parts. In this case it appears that Oxus are making it known that if they have to resort to legal action all equipment will be moved to Amantaytau and therefore all mining will cease at Jerooy.
Legal action could take years and would be very expensive for both sides but it would be even more damaging for Kyrgyzstan because it would highlight to other countries the risks of doing business in Kyrgyzstan at a time them they're desperate for international investment.
Hopefully, it won't come to that and both sides will come to a mutually acceptable agreement so mining can commence in Q2 2006.