While I agree with Graeme that on the merits of the case it is all bullshit and AVZ will win at the ICC and have his conviction overturned within the DRC he absolutely was found guilty and still is guilty under the decisions of the original and appeal courts. The appeal judge has suspended his arrest pending further appeal of his three year hard time sentence to the supreme court that should be swayed by the ICC decision. Important to remember that this was a criminal case dealing solely with the creation of the share certificates confirming the SPA's had been completed correctly and that AVZ owned the 15% it had legally purchased from Dathomir.
AVZ have been adamant in their announcements that not only did they have a right to create these certificates but they were in fact legally obligated to create them under DRC law. Both the original and appeal judges made their findings under the assumption that the SPA's had been terminated correctly by Cong although they both conceded that an arbitral judge would need to hear the merits of the purported termination. As we saw with the Cominiere ICC ruling in November the tribunal won't accept cases unless there is at least a prima facie reason for them being involved so I am extremely confident that they are named in the SPA's or the agreements at least revert to the Dathcom JVA dispute resolution process.
And yes anyone with even a basic grasp of contract law realises immediately that Cong is completely fucked if this goes the distance. That's why he went through the back alley DRC court system instead of the appropriate forum of the ICC for his purported termination claims and why he didn't want the ICC proceedings made public. I still think Cong will bitch out at the last minute to avoid the damages claim by AVZ but his primary goal of delaying the project and creating the space for Zijin's ratfuckery to fester has already been achieved.
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