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Mining: Out-of-court settlement recommended for Australian AVZ penalties (Extractive Industries Analyst)
An extractive industries analyst recommended an amicable settlement to the dispute between Cominière (a Congolese state-owned company) and the Australian company over the payment of "USD 42 million in penalties following a resolution by an international commercial court," the ACP learned in an interview on Friday, March 21, 2025.
"The most likely scenario in this case is an amicable settlement.
I recommend that the authorities prioritize an amicable settlement with the Australian company AVZ Mineralis over the payment of USD 42 million in penalties following a resolution by an international commercial court," said Jean-Pierre Okenda, Extractive Industries Governance Analyst.
According to him, the amicable settlement will surely lead to a satisfactory compromise to resolve the award following the decision of the International Chamber of Commerce (ICC) Court in Paris regarding the dispute between Cominière, a Congolese state-owned company, to pay "USD 42 million" to AVZ Mineralis.
In October 2023, Zijin Mining, a Chinese company, was invited to collaborate with Cominière, a DRC state-owned company, in the exploration and development of virgin lands in the northeast of the Manono lithium mine located in the Manono region of Tanganyika province, where part of this mining concession was previously occupied by a joint venture composed of Avz Mineralis, Dathcom, and others.
"There is a significant risk that the portion that is transferred will not benefit us as Congolese citizens, and there is also a risk that even the remaining portion, which belongs to Dathcom, Avz Mineralis, and others, will not benefit the state.
The issue is what we are willing to waste, to sell off this mining concession when it is of crucial importance to the country," the analyst explained.
In this dispute, the Paris ICC court determined that Cominière had repeatedly violated the emergency orders and is currently required to pay €39,125,000 (USD 42 million), an amount that could continue to accumulate if Cominière persists in its refusal, it was noted.
According to the analyst, the cause of this disorder was the creation of arbitration procedures and litigations that have political motivations and are focused on the interests of the representatives or politicians, stressing that such situations lead to enormous losses of income and resources.
An extractive industries analyst recommended an amicable settlement to the dispute between Cominière (a Congolese state-owned company) and the Australian company over the payment of "USD 42 million in penalties following a resolution by an international commercial court," the ACP learned in an interview on Friday, March 21, 2025.
"The most likely scenario in this case is an amicable settlement.
I recommend that the authorities prioritize an amicable settlement with the Australian company AVZ Mineralis over the payment of USD 42 million in penalties following a resolution by an international commercial court," said Jean-Pierre Okenda, Extractive Industries Governance Analyst.
According to him, the amicable settlement will surely lead to a satisfactory compromise to resolve the award following the decision of the International Chamber of Commerce (ICC) Court in Paris regarding the dispute between Cominière, a Congolese state-owned company, to pay "USD 42 million" to AVZ Mineralis.
In October 2023, Zijin Mining, a Chinese company, was invited to collaborate with Cominière, a DRC state-owned company, in the exploration and development of virgin lands in the northeast of the Manono lithium mine located in the Manono region of Tanganyika province, where part of this mining concession was previously occupied by a joint venture composed of Avz Mineralis, Dathcom, and others.
"There is a significant risk that the portion that is transferred will not benefit us as Congolese citizens, and there is also a risk that even the remaining portion, which belongs to Dathcom, Avz Mineralis, and others, will not benefit the state.
The issue is what we are willing to waste, to sell off this mining concession when it is of crucial importance to the country," the analyst explained.
In this dispute, the Paris ICC court determined that Cominière had repeatedly violated the emergency orders and is currently required to pay €39,125,000 (USD 42 million), an amount that could continue to accumulate if Cominière persists in its refusal, it was noted.
According to the analyst, the cause of this disorder was the creation of arbitration procedures and litigations that have political motivations and are focused on the interests of the representatives or politicians, stressing that such situations lead to enormous losses of income and resources.
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