AVZ Discussion 2022

[Flight996]

The main sticking point in all this is despite having a good chance of winning all the legal battles (based on the the known facts and merits of each case) will any of the fucking arseholes actually comply with the final rulings????

Not trying to be negative but it's the one thing in all the legal shitfights that really fucks me off

I asked Perplexity.AI about the enforcement mechanisms around ICC interim orders.

When the International Chamber of Commerce (ICC) rules that one party has breached an interim order and orders a financial penalty, the process for the penalized party to pay the penalty typically involves the following steps based on the provided sources:

• Order for Payment: The ICC may issue an order for the penalized party to pay the financial penalty as a result of breaching an interim order
• Enforcement Mechanism: If the penalized party refuses to pay the financial penalty ordered by the ICC, the other party can seek enforcement through mechanisms provided by the ICC rules. This may involve seeking an interim award or interim measure to compel payment
• Potential Consequences: Failure to comply with the ICC's order to pay the financial penalty can have serious implications. It may be considered a breach of the arbitration agreement, and in certain cases, it could amount to a repudiatory breach, allowing the other party to withdraw from the agreement to arbitrate
• Arbitration Institution's Role: The arbitration institution, such as the ICC, aims to facilitate the progress of arbitration proceedings. In cases where a party refuses to pay its share of a financial penalty, the institution may allow the other party (usually the claimant) to pay on behalf of the non-compliant party to ensure that arbitration can proceed
• Legal Recourse: If a penalized party fails to pay its share of a financial penalty, it may face potential legal consequences, including an arbitral award against them for the unpaid amount or even court proceedings initiated by the aggrieved claimant

In summary, when one party breaches an interim order in ICC arbitration and a financial penalty is ordered, mechanisms are in place to ensure enforcement of payment, including potential legal actions and consequences for non-compliance.

To my mind it doesn't sound particularly compelling.

 

[mikejoho]

The main sticking point in all this is despite having a good chance of winning all the legal battles (based on the the known facts and merits of each case) will any of the fucking arseholes actually comply with the final rulings????

Not trying to be negative but it's the one thing in all the legal shitfights that really fucks me off

Fair call but Like all things with this case, there is an unsolved conundrum. Why haven't they already kicked us out? Why haven't they already handed the keys for the south to Zijin? If the DRC has ambitions to become a closed shop and only deal with China then why don't they do it? But they don't. They want a battery hub and are promoting themselves in Europe, Australia (!), and the US to encourage investment. Why would they bother if they just want the Chinese? Either it is a masquerade or they generally want other foreign investment. My personal thoughts are they generally want foreign investment. I don't know about the DRC inner workings and decades old relationship with the corruption of the Chinese but I believe it cannot be unwound without the independence of an international ruling. If and when the AVZ ICC and ICSID rulings come and they ignore, there will be no other foreign investment. I don't think they want this.

 

[RHyNO]

The main sticking point in all this is despite having a good chance of winning all the legal battles (based on the the known facts and merits of each case) will any of the fucking arseholes actually comply with the final rulings????

Not trying to be negative but it's the one thing in all the legal shitfights that really fucks me off

Surely our godhead Nigel the uninsultable has a plan once the rulings come down. As to say once we have these rulings in our favour and they don’t comply, surely he and BOD have an approach that is beyond sit quietly. I imagine something about US govt and aus govt. I mean they must. Surely.

 

[Cumquat Cap]

Be great if the USA and Europe could sanction a few of these corrupt actors including Felix and his family so they can’t retire to Europe like all good African dictators do. Like cool Felix you can retire to Guangzhou good luck finding French speakers you twat

 

[Cumquat Cap]

And yea I do think ICSID loss and ignorance will fuck their battery hub + foreign investment up for decades so if Felix continues to ignore they are stuck with Chyyyna in perpetuity - in which case they deserve the misery they get. Big month coming up

 

[wombat74]

Fair call but Like all things with this case, there is an unsolved conundrum. Why haven't they already kicked us out? Why haven't they already handed the keys for the south to Zijin? If the DRC has ambitions to become a closed shop and only deal with China then why don't they do it? But they don't. They want a battery hub and are promoting themselves in Europe, Australia (!), and the US to encourage investment. Why would they bother if they just want the Chinese? Either it is a masquerade or they generally want other foreign investment. My personal thoughts are they generally want foreign investment. I don't know about the DRC inner workings and decades old relationship with the corruption of the Chinese but I believe it cannot be unwound without the independence of an international ruling. If and when the AVZ ICC and ICSID rulings come and they ignore, there will be no other foreign investment. I don't think they want this.

Why haven't they kicked us out ? They have been trying . Fat Tail comes to mind . Their tactic is for AVZ to self destruct .
Once Fat Tail have been decapitated and funds have been secured the DRC gov will then understand AVZ is not going away
and cannot be defeated .

 

[RHyNO]

Why haven't they kicked us out ? They have been trying . Fat Tail comes to mind . Their tactic is for AVZ to self destruct .
Once Fat Tail have been decapitated and funds have been secured the DRC gov will then understand AVZ is not going away
and cannot be defeated .

My god it’s as if you are capable of keeping multiple views in your mind at the same time like some kind of educated adult human.

 

[Jazz]

CATL, the little-known Chinese battery maker that has the US worried

It is the world’s biggest battery maker, it powers electric vehicles for Tesla, Volkswagen and BMW, and its EV technology is miles ahead of US offerings, say experts

www.theguardian.com

 

[robface]

Yeah you're right but it's a game of pressure now.
DRC must be under immense pressure to negotiate with AVZ.
Each battle we win builds that pressure.
How can they possibly refuse us if we're entirely in the right by multiple courts.
It must be unbelievably embarresing for the DRC.
Apparently even the US confronted Felix demanding to know when he will sign the MOU with Nigel.

I feel it's only a matter of time now.

Keep in mind their government isn't formed yet.

Have heard this too but who exactly from the US?

Nigel should be screaming from the rooftops and reminding every man and his dog of the US/AUS Minerals Security Partnership.

 

[Azzler]

Have heard this too but who exactly from the US?

Nigel should be screaming from the rooftops and reminding every man and his dog of the US/AUS Minerals Security Partnership.

Jens relayed it on X.

IIRC it was the Ambassador Lucy Tamlyn - U.S. Embassy in the Democratic Republic of the Congo.

 

[wombat74]

Jens relayed it on X.

IIRC it was the Ambassador Lucy Tamlyn - U.S. Embassy in the Democratic Republic of the Congo.

Did she draw the short straw or what ? Sorr

Sorry Lucy the position in Switzerland is already taken .However it's says in your Bio your favorite animal is the Gorilla . Pack your bags
you're off to the DRC for the next 4 years .

 

[JasonM]

Did she draw the short straw or what ? Sorr

Sorry Lucy the position in Switzerland is already taken .However it's says in your Bio your favorite animal is the Gorilla . Pack your bags
you're off to the DRC for the next 4 years .

happy monday wombat, seems you need a hug. it'll be ok and if its not, then we'll still be ok.

 

[wombat74]

happy monday wombat, seems you need a hug. it'll be ok and if its not, then we'll still be ok.

LoL . You must be confused mate . Do you have a sense of humour ?

 

[LOCKY82]

Why is the turdburgaler piping up suddenly!?

 

[Bray]

Why is the turdburgaler piping up suddenly!?

Cause he’s an advantageous fuckwit who deserves a good left right goodnight from MB

 

[JAG]

Why is the turdburgaler piping up suddenly!?

His original post from his Chinese Masters was misread/mistranslated as it read "more bad news for AVZ"

 

[cruiser51]

Cause he’s an advantageous fuckwit who deserves a good left right goodnight from MB

I reckon Beish's nutcracker is very effective too, if done properly.
Having one's testicles obstructing one's voice box must be bloody annoying, especially when he mixes with his high class mates and proves he is an absolute dickhead, the moment he opens his mouth.

Fuk MMGA and Tommy and Zijin and CKK and his missis and there is more.

 

[Hodlandwin69]

Why is the turdburgaler piping up suddenly!?

Historically he tends to get a sniff around of incoming ASX releases. Maybe tomorrow an announcement.....

 

[wombat74]

Historically he tends to get a sniff around of incoming ASX releases. Maybe tomorrow an announcement.....

"Based on the material that has been filed in the proceedings to date and having regard to the hearing on 5 and 6 October 2023, the Company remains confident that it will prevail in relation to this dispute ." AVZ Minerals 13/03 /23

 

[CHB]

All the trolls on X thinking negative news for AVZ.

Let's hope they're wrong..but they seem to be gloating..