AVZ Discussion 2022

[Strongman]

I went over my reply to @muks last week and added a few things in this post that hopefully provides something to stay focused on

ICC Decision Against Cominière to Liquidate an Accrued Penalty of €39M in ENG & FRE

https://static1.squarespace.com/sta...de+Courtoisie+de+la+Sentence+Partielle_en.pdf

Page 25 shows the damages of US$9.417billion resulting from Cominiere violating AVZ’s FROR, then illegally terminating the Dathcom joint venture (due to parties not getting along) and the DRC (Ministry of Mines & CAMI) revoking AVZ’s Mining Decree (PR/PE) and granting a PR/PE to Manono Lithium with the implausible and illegal reason being it took too long for Dathcom to advance the project.

The ‘Damages’ of over US$9.417billion are what is being claimed in the ICSID by AVZ through DLA Piper

To date, the DRC has violated the orders handed down by the ICSID and AVZ has won all cases before the ICC Court of Arbitration and this recent decision (shown above), by the ICC ordered Cominiere to pay AVZ penalties of €39million (equal to US$46million or AU$70million).

Hey Dave thanks very much for reposting that info. I did open and flick through the ICC Partial Award document last week when you were replying to Muks but i pretty much just looked at the damages amounts on page 25.
In reading your explanation above i came to realise the cases are very closely linked addressing different elements of the same problem
I was just focused on the ICSID when ICC is i think just as important and an integral part of catching all the bad actors in our little drama

 

[Rechnerhand]

Trump: "We're getting, for the United States, a lot of the mineral rights from the Congo as part of it. They're so honored to be here. They never thought they'd be coming."

Reuters:
However, the agreement signed on Friday gives Congo and Rwanda three months to launch a framework "to expand foreign trade and investment derived from regional critical mineral supply chains".

A source familiar with the matter told Reuters on Friday that another agreement on the framework would be signed by the heads of state at a separate White House event at an unspecified time.

 

[cruiser51]

Can anyone think why Felix would be going to Cyprus?
View attachment 87843

Highly likely going to get some cash out of the bank.
Probably buying a private island just in case.

Cyprus does have strong bank secrecy laws that protect client confidentiality.
These laws ensure that financial information is not shared with other states or tax authorities without a court order.
This, combined with the fact that Cyprus is an established offshore financial center, makes it an attractive jurisdiction for those seeking enhanced privacy and confidentiality in their banking arrangements.

 

[Mute22]

 

[j.l]

August old boy putting the boot in over on X

 

[Mute22]

August old boy putting the boot in over on X
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ICSID has no power, or authority - but will provide AVZ holders leverage?

Am I reading this right?

 

[LiamJohnson]

After falling victim to a crypto scam that cost me a large portion of my savings I was devastated and desperate to recover my funds That desperation led me to another trap a fake “crypto recovery” company posing as blockchain experts They promised to help me retrieve my lost Ethereum and Bitcoin only to scam me again out of more money through fake fees and technical jargon Altogether I lost $100,000 between the original scam and the fake recovery service At that point I felt hopeless I was emotionally and financially drained ashamed that I had trusted the wrong people twice That’s when I came across Bytephantom Cyber Recovery Skeptical but with nothing left to lose I decided to give them a chance — and that turned out to be the best decision I made Unlike the others Bytephantom Cyber Recovery was professional honest and incredibly knowledgeable They didn’t make unrealistic promises or demand upfront payments Instead they carefully reviewed my case analyzed blockchain data and identified exactly where my stolen funds had been routed Their forensic tools and methods were impressive and their team kept me informed throughout the entire recovery process It took a few weeks but to my amazement Bytephantom Cyber Recovery successfully traced and recovered the majority of my stolen crypto I received over 90% of my funds back into a secure wallet something I honestly thought would never happen I’m incredibly grateful to Bytephantom Cyber Recovery for their integrity and expertise They didn’t just recover my money they helped me regain peace of mind and faith in justice If you’ve lost money to a crypto scam or fake recovery company don’t give up hope Bytephantom Cyber Recovery is the real deal

 

[LOCKY82]

August old boy putting the boot in over on X
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Who does this twat think he is? all high and mighty

 

[Flight996]

August old boy putting the boot in over on X
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August is clearly a clueless flog with shit for brains.

 

[M.Bison]

Is he wrong? ICSID is definitely about leverage. I am sure we don't want to end up having to chase this money after award.
The idea is that the asset is encumbered and western companies cannot touch it without going through AVZ.

 

[Flight996]

Is he wrong? ICSID is definitely about leverage. I am sure we don't want to end up having to chase this money after award.
The idea is that the asset is encumbered and western companies cannot touch it without going through AVZ.

While the following (below) refers to the Republic of Congo, rather than the Democratic Republic of Congo (DRC), the principle remains. Both ICC and ICSID have enforcement powers. It takes time, resources and dedication, and even then full restitution is unlikely to be achieved. If push comes to shove, we can apply to seize DRC property and importantly, the income stream associated with their mineral-for-peace mining operations.

French supreme court rules on seizure of Congo properties

The French Court of Cassation has affirmed that a creditor seeking to enforce a €1.7 billion ICC award against the Republic of the Congo can seize a property allegedly housing the private residence of the state’s ambassador to UNESCO but that a Congolese payroll office in France is exempt from...

globalarbitrationreview.com

Unfortunately, the DRC kleptocrats wrote the book on stalling and diversionary tactics designed to frustrate the process. Both ICC and ICSID rejected the DRC’s recent attempts to invoke the sovereign immunity provisions in the preliminary stages of our arbitrations.

Our best option is probably through diplomatic pressure from the Trump administration.

Cheers
F

 

[M.Bison]

While the following (below) refers to the Republic of Congo, rather than the Democratic Republic of Congo (DRC), the principle remains. Both ICC and ICSID have enforcement powers. It takes time, resources and dedication, and even then full restitution is unlikely to be achieved.

French supreme court rules on seizure of Congo properties

The French Court of Cassation has affirmed that a creditor seeking to enforce a €1.7 billion ICC award against the Republic of the Congo can seize a property allegedly housing the private residence of the state’s ambassador to UNESCO but that a Congolese payroll office in France is exempt from...

globalarbitrationreview.com

Unfortunately, the DRC kleptocrats wrote the book on stalling and diversionary tactics designed to frustrate the process. Our best option is probably through diplomatic pressure from the Trump administration.

Cheers
F

Regardless of our potential to squeeze money out of the DRC or not, I don't think thats a path any of us want to go down is it? Ideally there is a middle ground that a western company is willing to come to the table with to extract resources now. Not sure I can mentally handle a 2 year court case followed by 5 years of enforcement orders.

 

[Azzler]

After falling victim to a crypto scam that cost me a large portion of my savings I was devastated and desperate to recover my funds That desperation led me to another trap a fake “crypto recovery” company posing as blockchain experts They promised to help me retrieve my lost Ethereum and Bitcoin only to scam me again out of more money through fake fees and technical jargon Altogether I lost $100,000 between the original scam and the fake recovery service At that point I felt hopeless I was emotionally and financially drained ashamed that I had trusted the wrong people twice That’s when I came across Bytephantom Cyber Recovery Skeptical but with nothing left to lose I decided to give them a chance — and that turned out to be the best decision I made Unlike the others Bytephantom Cyber Recovery was professional honest and incredibly knowledgeable They didn’t make unrealistic promises or demand upfront payments Instead they carefully reviewed my case analyzed blockchain data and identified exactly where my stolen funds had been routed Their forensic tools and methods were impressive and their team kept me informed throughout the entire recovery process It took a few weeks but to my amazement Bytephantom Cyber Recovery successfully traced and recovered the majority of my stolen crypto I received over 90% of my funds back into a secure wallet something I honestly thought would never happen I’m incredibly grateful to Bytephantom Cyber Recovery for their integrity and expertise They didn’t just recover my money they helped me regain peace of mind and faith in justice If you’ve lost money to a crypto scam or fake recovery company don’t give up hope Bytephantom Cyber Recovery is the real deal View attachment 87868

@zeeb0t
Please zap the thing

 

[KentCStrait]

Here we go again. August Cohen delivering another sermon from the mount, like he’s sitting inside the ICSID panel and advising the World Bank directly.

He speaks with total conviction—as if anything he’s ever said has actually happened. Just look at his recent track record on the DRC-Rwanda peace deal. First, he said it was definitely happening. Then he backtracked and insisted it wouldn’t. Now? The deal actually happened—signed in Washington on June 27, with U.S. and Qatari mediation. So much for expert insight.

This isn’t a one-off. He constantly shifts narratives to sound like he’s in the know. One minute it’s gospel, the next it’s doom, depending on how the wind’s blowing.

I'll say it again. He's full of shit.

 

[Flight996]

Regardless of our potential to squeeze money out of the DRC or not, I don't think thats a path any of us want to go down is it? Ideally there is a middle ground that a western company is willing to come to the table with to extract resources now. Not sure I can mentally handle a 2 year court case followed by 5 years of enforcement orders.

Yes, collectively we have varying levels of tolerance to delays and frustrations, and have different priorities. I have the greatest respect for those who have hung tough despite extreme personal and financial stress through the past three years of trolls, and institutionalised DRC lies, theft and total disregard for normal behavior.

Let's hope we're in the final stages, and we all get out with a profit and our dreams relatively intact.

 

[ptlas]

Can anyone think why Felix would be going to Cyprus?
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There's a ' scheme ', whereby residence can be obtained subject to making financial investments in the country.

Prior to around 2020, full citizenship could be purchased, but this was cancelled under pressure from the EU because dodgy geezers were getting EU citizenship. Cyprus is a full member.

Not that I believe FT is anything less than an upstanding member of the community.

 

[wombat74]

August old boy putting the boot in over on X
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He hates Share holders calling for fair compensation . Thinks we should accept whatever crumbs are thrown our way and be grateful .

 

[Goat]

August showing his ability to have NFI

 

[Hudnut]

August old boy putting the boot in over on X

"PR133359 is legally extinguished and there is no provision to re-establish or create it in Congolese law".

Using August's high and mighty lettering scheme:

a) PR133359 was not legally extinguished.
b) Since fucking when do the Congolese follow their own laws?
c) Laws mean SFA when the country is corrupt as fuck.
d) The Congolese will establish a PR against their own laws and grant it to whoever they want, as per the PR for the North/CDL to Zijin.
e) Not following laws is why ICC/ICSID rulings are so difficult to enforce. It is a Congolese contract that states ICC is where arbitration takes place.
f) The real leverage is from:
f.1) Felix being scared the US won't save him from M23 in return for Minerals
f.2) The US enforcing any contract he signs with them by using their military. Geopolitical remification for this are yet to be seen.

All point a) to f.2) are more than plausible.

I think the DRC and China are not just delaying AVZ in the courts to bleed them dry, but also trying to outlast the Trump Presidency and hoping they don't get Vance afterwards, as they are both willing to throw around the weight of the US military to make the DRC comply.

Trump said at the signing in the Oval Office he is replying on the delegates to hammer out the details, as there "are other means".

 

[Dave Evans]

August old boy putting the boot in over on X
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He hates Share holders calling for fair compensation . Thinks we should accept whatever crumbs are thrown our way and be grateful .

Perhaps someone should remind Augie that international investors (including the US) don’t want to invest in a country that doesn’t abide by the International Chamber of Commerce (ICC) and International Centre for Settlement of Investment Disputes (ICSID) rules.

What about all the talk of mechanisms around transparency, accountability, traceability, reliability and de-risking mineral supply chains and other legal frameworks for investors!

Not to mention all the agreements around independent economic audits and anti-corruption mechanisms to monitor mineral supply chains, infrastructure projects, and any future economic agreements between the Parties, as set out in the Regional Economic Integration Framework.

Does Augie think some sort of joint oversight committee should have greater legal authority than the ICC and ICSID. I always thought he was a wanker and I’ve always thought the best course of action was through DLA Piper.

Remember this earlier post about DLA Piper’s experience in these types of arbitration

"DLA Piper is widely regarded as one of the top global law firms for handling complex cross-border disputes, including investment treaty arbitrationand mining sector negotiations—both highly relevant to the AVZ scenario.

While specific case outcomes are often confidential, here’s what we can draw from public records and their track record:

Strengths Relevant to AVZ’s Case

• Investor-State Dispute Settlement (ISDS): DLA Piper has represented both investors and states in ICSID and UNCITRAL arbitrations. Their experience includes disputes over expropriation, mining licenses, and regulatory interference—core issues in AVZ’s claim against the DRC.
• Mining & Energy Sector Expertise: The firm has advised on resource nationalization disputes, joint venture breakdowns, and permit revocations, often in Africa and Latin America.
• Settlement Strategy: DLA Piper emphasizes early dispute resolution where possible, using mediation, structured negotiations, and hybrid settlement frameworks—similar to the KoBold-AVZ framework.

Notable Examples

• Vedanta Resources v. Zambia: DLA Piper advised Vedanta in a dispute over the seizure of a copper mine. The case involved ICSID arbitration and complex negotiations with the Zambian government.
• Tethyan Copper Company v. Pakistan: While not directly involved, DLA Piper has cited this case in its publications as a benchmark for large-scale mining arbitration, showcasing their familiarity with billion-dollar claims.
• Confidential African Mining Dispute: In a matter involving a revoked mining license in West Africa, DLA Piper reportedly helped secure a favorable settlement through a combination of arbitration and diplomatic engagement.

Implications for AVZ
Given DLA Piper’s deep bench of arbitration specialists, sector-specific knowledge, and experience navigating political risk, they are well-positioned to negotiate a favorable outcome for AVZ—whether through a KoBold-facilitated settlement or a full ICSID ruling.


Perhaps if the DRC want to continue to try and screw us, we should just go back to exposing their corruption. There’s plenty of facts and evidence if anyone wants to have a look in this link below

Ongoing Corruption Makes International Investment Dangerous In The DRC

Why the DRC is too dangerous to invest in and why the DRC won’t prosper while corruption continues under the protection of the President and corrupt officials Corruption in the DRC has remained under the Tshisekedi government. The DRC government and mining sectors are rife with bribes...

thestockexchange.com.au