AVZ Discussion 2022

Frank said:

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*Hows that, better

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https://x.com/brendo726/status/1904996767223177568

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Here is the English translation of the press release dated March 24, 2025, from COMINIERE SA:


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Press Release of March 24, 2025

Declaration from COMINIERE SA (a commercial and mining company of the Portfolio of the State of the DRC) concerning the allegations of widespread corruption targeting the AVZ group and its executives following the provisional measures issued by the Arbitration Court of the International Chamber of Commerce (ICC) in case no. 27720 on March 10, 2025.

La Congolaise d’Exploitation Minière (COMINIERE) informs both national and international audiences that the decision of the ICC Tribunal was made in a context where allegations of corruption were revealed against the AVZ group and its executives. This led COMINIERE to call on AVZ to withdraw its claims and cooperate with the police authorities.

COMINIERE states: "AVZ has lost the right to do business in the Manono project in the DRC after the termination of the JV contract due to shocking corruption allegations revealed by their own lawyer." COMINIERE insists that "AVZ must immediately stop this procedure and cooperate with the police to bring to justice those in its company involved in criminal behavior."

This declaration follows shocking public revelations from AVZ’s lawyer, Mr. Christian Lukusa from Momentum Attorneys, regarding corruption and post-deal arrangements involving AVZ and its executives in the lithium project of Manono.

COMINIERE is aware of and supports the investigations being carried out by the Australian federal police, the DRC police, and other judicial authorities in their efforts to investigate and bring AVZ and its management to justice. COMINIERE has also promptly informed the ICC Tribunal of these corruption allegations in addition to those already submitted. All these proceedings are ongoing.

On March 10, 2025, the ICC Tribunal confirmed a prior decision on provisional, not definitive, measures, notably imposing a significant penalty against COMINIERE. However, the Tribunal was not aware of these new revelations when it made its decision. COMINIERE also observes that this decision conflicts with Congolese law and public order.

COMINIERE will therefore continue to oppose AVZ’s allegations before the ICC, while also pursuing its own claim against AVZ before the ICC and other judicial bodies to assert its rights.

Celestin KIBEYA KABEMBA
General Director

(With official stamp)


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Let me know if you'd like a summarized version
or help drafting a response.

Colaci78 said:

Do you have link to the post? I can’t find his profile TIA

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https://www.linkedin.com/in/william-clowes-763729204/recent-activity/all/

Can you find this on the link

Winenut said:

Ahh....got it wrong again

Thought it must have been a private message

Fuck me

In that case Gra Gra has fucked up royally

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Well I don’t have LinkedIn and saw it on X. Must have been shared by someone.

Retrobyte said:

GJ is sitting at home getting paid to do nothing, as he can't travel to the DRC because he'll be arrested. So he has a lot of time on his hands and is being paid well for that, Maybe his posts were after another boring day at home with a case of red?

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Need for immediate arrest of Graeme Johnston was overturned on appeal pending further appeal to DRC Supreme Court which will be heard after Dathomir ICC cases establish Cong is a moron imo

Celestin has upgraded from the brown paper bags.



Very stylish

Mr_Tones83 said:

Maybe this has something to do with it

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Just for clarity:
When the ICSID (International Centre for Settlement of Investment Disputes) publishes a statement like "The Respondent files a request to address the objections to jurisdiction as a preliminary question," it means that the Respondent (the party being sued in an arbitration case) is requesting that the tribunal first determine whether it has the authority (jurisdiction) to hear the case before proceeding with any other matters.

In other words, the Respondent is raising an issue about the tribunal's jurisdiction—whether the case is one that the tribunal is legally allowed to adjudicate—before moving on to the substantive issues in the dispute (such as the merits of the claim or the details of the investment dispute). This is often called a "preliminary objection" or "preliminary jurisdictional question".

By requesting this, the Respondent wants to ensure that the arbitration process should not even continue if the tribunal finds that it does not have the proper jurisdiction to hear the case in the first place. If the tribunal finds that it does not have jurisdiction, the case will be dismissed without addressing the underlying issues.

So, the statement essentially signals that there is a challenge to the tribunal’s authority to proceed, and that the Respondent wants that issue resolved early in the process.

Dazmac66 said:

Just for clarity:
When the ICSID (International Centre for Settlement of Investment Disputes) publishes a statement like "The Respondent files a request to address the objections to jurisdiction as a preliminary question," it means that the Respondent (the party being sued in an arbitration case) is requesting that the tribunal first determine whether it has the authority (jurisdiction) to hear the case before proceeding with any other matters.

In other words, the Respondent is raising an issue about the tribunal's jurisdiction—whether the case is one that the tribunal is legally allowed to adjudicate—before moving on to the substantive issues in the dispute (such as the merits of the claim or the details of the investment dispute). This is often called a "preliminary objection" or "preliminary jurisdictional question".

By requesting this, the Respondent wants to ensure that the arbitration process should not even continue if the tribunal finds that it does not have the proper jurisdiction to hear the case in the first place. If the tribunal finds that it does not have jurisdiction, the case will be dismissed without addressing the underlying issues.

So, the statement essentially signals that there is a challenge to the tribunal’s authority to proceed, and that the Respondent wants that issue resolved early in the process.

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This strikes me as a pretty standard first step in these disputes. Didn't the ICC case go through the same?
I'm pretty sure any respondent would take this step. Give it a go, eh. If nothing else, buys more time.
Presumably just one of many more tactics to come...

Carlos Danger said:

Need for immediate arrest of Graeme Johnston was overturned on appeal pending further appeal to DRC Supreme Court which will be heard after Dathomir ICC cases establish Cong is a moron imo
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Definitely confused by this. The $50 million fine and arrest warrant cancelled on appeal but still being fined $25 mil and "Declares however admisssible and partially founded the appeals of the accused Graeme Johnston and Dathcom".....what does that actually mean ?

Strongman said:

Definitely confused by this. The $50 million fine and arrest warrant cancelled on appeal but still being fined $25 mil and "Declares however admisssible and partially founded the appeals of the accused Graeme Johnston and Dathcom".....what does that actually mean ?

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Cant immagine how anybody can be part guilty of forgery or is this tied in with the pending ICC case against Cong re the 15 %

Strongman said:

Definitely confused by this. The $50 million fine and arrest warrant cancelled on appeal but still being fined $25 mil and "Declares however admisssible and partially founded the appeals of the accused Graeme Johnston and Dathcom".....what does that actually mean ?

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It means the DRC lawyers and police still want their snacks

I know it's pointless, but I can't help but wonder what prompted DeBoss to issue his X post rallying the troops a few days ago...

j.l said:

I know it's pointless, but I can't help but wonder what prompted DeBoss to issue his X post rallying the troops a few days ago...

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j.l said:

This strikes me as a pretty standard first step in these disputes. Didn't the ICC case go through the same?
I'm pretty sure any respondent would take this step. Give it a go, eh. If nothing else, buys more time.
Presumably just one of many more tactics to come...

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Yep, same over again. Buy more time.. The bloody contract that the DRC created stipulates that the ICC/ICSID is where the battles will be held. Bunch of flaming clowns eh.

I tell you what. If this whole thing turns out to be delayed only because GJ case and they're trying to keep him out of gaol, there's going to be some pretty serious blood letting.

I've updated the Count Down app so that the scrolling story now works on mobile. If anyone notices any kinks or typos let me know ta.

Spikerama said:

I've updated the Count Down app so that the scrolling story now works on mobile.

AVZ vs DRC @ ICSID - Final Countdown

Countdown to the ICSID tribunal of AVZ vs DRC (Congolese).

avz-icsid-final-countdown.netlify.app

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Seems to work nicely

Spikerama said:

I tell you what. If this whole thing turns out to be delayed only because GJ case and they're trying to keep him out of gaol, there's going to be some pretty serious blood letting.

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The question of do we own 75% or 60% and does Dathomir also need to be appropriately compensated by KoBold is a far bigger issue than GJ sentence imo

j.l said:

I know it's pointless, but I can't help but wonder what prompted DeBoss to issue his X post rallying the troops a few days ago...

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Likes are a hell of a drug imo

Strongman said:

Definitely confused by this. The $50 million fine and arrest warrant cancelled on appeal but still being fined $25 mil and "Declares however admisssible and partially founded the appeals of the accused Graeme Johnston and Dathcom".....what does that actually mean ?

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Strongman said:

Cant immagine how anybody can be part guilty of forgery or is this tied in with the pending ICC case against Cong re the 15 %

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The case had nothing to do with the merits of the SPA’s completion. It was a criminal case dealing with whether the share certificates showing AVZ at 75% were created legally. Original judge repeatedly says the merits need to go through arbitration.

The 25m fine is also pending the DRC Supreme Court hearing this case after ICC arbitration so will likely be removed. The judges view is that AVZ should have initiated arbitration. AVZ’s view is the SPA’s don’t say that and they had no choice under Congolese law but to create the share certificates.

Long story short it all depends on what the ICC says whether any of this matters

Carlos Danger said:

The case had nothing to do with the merits of the SPA’s completion. It was a criminal case dealing with whether the share certificates showing AVZ at 75% were created legally. Original judge repeatedly says the merits need to go through arbitration.

The 25m fine is also pending the DRC Supreme Court hearing this case after ICC arbitration so will likely be removed. The judges view is that AVZ should have initiated arbitration. AVZ’s view is the SPA’s don’t say that and they had no choice under Congolese law but to create the share certificates.

Long story short it all depends on what the ICC says whether any of this matters

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Thanks for giving us an understanding of all this in layman’s terms Carlos.
It really is appreciated by many of us here I’m certain!