Cumquat Cap
Regular
Felix is awfully close to Manono in the context of the DRC (circa 700 kilometres away still) - any chance he swings through Manono on this tour? Doubtful but would be nice
AVZ Discussion 2022
- Thread starter GazDix
- Start date
Cumquat Cap
Regular
*Currently in and around Lubumbashi
Are you expecting them to show up ?New Countdown........yes another countdown.......but short and sweet..
View attachment 46222 .................to the start of ICC hearing
Hodlandwin69
Regular
Am I wrong to assume the ICC hearing will be over in 2 days, but a verdict will be another one of those 3 months things which may or may not get delayed again.....?
Carlos Danger
Top 20
Yes. They are the claimants. Any further delays by them and the ICC will throw out their case imo
AVZ states that: "The ICC Tribunal is determining the issue of jurisdiction as a preliminary question". I interpret preliminary question as part of pre trial investigation? If so then perhaps a month? I'd like to think its faster given how idiotic the whole thing is. Wheels of justice turn SLOWLY.
Still it wouldnt surprise me if they were a no show. Just my musings but their goal wouldnt be to win through ICC ( they smart enough to know that ) . Id guess the tactic is to delay, delay delay while they work in the back ground to tunnel under us undermining the supports and taking us that way. MMGA a good example of that
Cumquat Cap
Regular
If they don't show they lose the jurisdictional case as they're the claimant I would've thought? Otherwise it makes a total mockery of the ICC (i.e bring on case with no intention to allow it to be adjudicated). Think their timing is rapidly running out re stalling
Its Zijin, you honestly think they give a shit about making a mockery of the system?
100% . Zijin have achieved 18 months of stalling and over $40 mil of AVZ spending . Round 1 to Zijin . Well actually we were told this case has nothing to do with AVZ being awarded the ML . So where is the f--king ML ? Unless Felix /MoM are prepared to make a change these court cases are just p1ssing in the wind . Felix promoted CKK for being a thief and a corrupt c--t .
Last edited:
Cumquat Cap
Regular
Zijin don't give a shit - ICC certaintly will - fucking embarrassment of the system.
Were you looking for this:
End of the arbitration proceedings at the ICC: Shaken by the position of COMINIERE SA, the company MMCS1 withdraws its main claims
It is a legal victory that the Congolese mining company (COMINIERE SA) has just won at the International Court of Arbitration of the International Chamber of Commerce (ICC) against the multinational MMCS1. Shaken by the convincing arguments of COMINIERE SA which clearly and black and white established before the judges the unfoundation of "these main claims as well as the weaknesses and inconsistencies of the interventions of the experts and witnesses cited by the plaintiff in this arbitration procedure", MMCS1 was forced to withdraw its main claims before the ICC .
Indeed, following the official withdrawal of the main claims of MMCS1 in the file opposing it to the Congolese mining company, the General Secretariat of the International Court of Arbitration of the International Chamber of Commerce (ICC) transmitted, by email of July 21, 2023, to all the litigants as well as to the Arbitral Tribunal, the letter confirming the end of the arbitration procedure registered under ICC nº 23225/GR/PAR between MMCS1 and COMINIERE SA (hereinafter referred to as the "procedure ”, pursuant to Article 37(6) of the ICC Rules.
For its part, the Arbitral Tribunal constituted to hear this procedure, by its email of July 28, 2023, formally acknowledged receipt of the email of July 21, 2023 and noted that the Procedure is deemed to have ended. By her email of July 31, 2023 addressed to the Arbitral Tribunal, the claimant in arbitration MMCS1 through her counsel, confirmed the end of the procedure following the withdrawal of her main claims pursuant to Article 37(6) of the CCl Rules and, moreover, thanked the Arbitral Tribunal for all the diligence carried out since the start of this arbitration, for the professionalism they have demonstrated in this case, but also for the flexibility and patience they have shown towards the parties throughout the proceedings.
The hearings of the pleadings having been closed and the hearing notes issued, COMINIERE SA's legal counsel also sent the note of the balance of his fees to the senior management of this para-public, as announced in his referenced letter of January 02, 2023 The withdrawal of the principal claims and consequently the end of the procedure, devote the end of its services relative to this Procedure.
At the time of going to press, MMCS1 refused and still refuses, in a deliberate manner, to pay the balance of the amount of the separate position, despite repeated reminders from the General Secretariat of the International Court of Arbitration of the ICC, to enable the Arbitral Tribunal to rule on the merits of its claims, confirms the terms of the latest report by Cabinet Emery Mukendi Wafwana et Associés, SCP, sent to COMINIERE SA following the hearings in January 2023. This last report stated the relevance and merits of its legal arguments developed on behalf of COMINIERE SA, which arguments had shaken the position of MMCS1,while establishing the non-foundation of its main claims as well as the weaknesses and inconsistencies of the interventions of the experts and witnesses cited by the plaintiff in this procedure.
It should be noted that by correspondence dated June 29, 2023, in accordance with Article 37(6), the Secretary General granted the Claimant a final deadline until July 17, 2023 to pay the balance of the amount of the provision separately and informed the claimant that in the absence of payment within the time allowed, the claims concerned would be considered withdrawn.
This period expired on July 17, 2023 without our having received this payment and without any party having raised an objection in accordance with Article 37(6). Consequently, in accordance with Article 37(6), the main requests are considered withdrawn as of July 18, 2023, without this precluding their subsequent reintroduction in another procedure. The Court was informed of the withdrawal of the claims and, at the same time, it was asked to fix the costs of the arbitration. So what is the consequence to be drawn from this withdrawal?
To date, according to a mining and quarrying agent who requested anonymity, the direct consequence of the withdrawal of MMCS1's requests or the end of the procedure is that COMINIERE SA does not incur any risk whatsoever arising from the procedure, this which can be analyzed as a success and/or result obtained for the benefit of the government corporation.
Dieudonne Buanali
Fin de la procédure arbitrale à la CCI : Ébranlée par la position de COMINIERE SA, la société MMCS1 retire ses demandes principales – Geopolismagazine
C’est une victoire judiciaire que vient de remporter la Congolaise d’exploitation minière (COMINIERE SA) à la Cour Internationale d’Arbitrage de la Chambre du Commerce International (CCl) face à la multinationale MMCS1. Ébranlée par les arguments convaincants de COMINIERE SA qui a établi...
geopolismagazine.net
We need to wait and see how the DRC gov react . Hopefully Felix is waiting on a decision by the ICC to act in AVZ favour . Time will tell .
Carlos Danger
Top 20
The preliminary question is the jurisdictional challenge by AVZ that Jin Cheng is not (and never has been) a party of Dathcom. If AVZ wins then it is game over for Zijin and there will be no main trial as it will confirm they do not have the right to initiate arbitration and all their claims are just made up bullshit. Bon chance bitches.
No main trial, or no main trial at the ICC? If that's the case, then why did AVZ in their earlier ASX announcement state that there would need to be seperate proceedings to rule on the merits of the sale to JC, should this jurisdictional challenge succeed? This one stumped me a little. Perhaps they mean the proceedings against Cominiere?
Carlos Danger
Top 20
It did me at first too. But it was explained in the announcement last week. That question is part of our case at the ICC with Cominiere who are the party within Dathcom responsible for the breach of our preemptive right.
Carlos Danger
Top 20
The fact that the ICC refused to merge these cases plus the damages case brought by Zijin and Cominiere against AVZ is bad news bears for Zijin imo
Nice one Carlos - you're a gun as always.
Similar threads
