le 03/07/2023 à 11h40, par Africa Business+
The arbitration was launched on June 8 by two subsidiaries of the Australian company AVZ Minerals and its joint venture in the DRC Dathcom Mining before the International Center for Dispute Settlement (ICSID) of the World Bank. AVZ accuses the DRC of not having respected the obligations arising from the mining code in its regard, in particular by refusing so far to grant it the exploitation permit for the Manono lithium project, located in the province of Tanganyika. AVZ, which has controlled the scope since 2016, is represented in this case by the Paris and Madrid offices of DLA Piper, in particular the partners Michael Ostrove, co-director of the firm's arbitration group, T. Alexander Brabant, member of its Africa board.
DR Congo, for its part, has appointed five law firms to advise it in this procedure concerning Manono, a project considered to be one of the largest deposits of hard rock lithium in the world, with 400 million tonnes of lithium ore. a grade of 1.65% Li2O.
Among them, the Cabinet Rachida Dati of the former French Minister of Justice (2007-2009), former MEP, and current mayor of the 7th arrondissement of Paris, since 2008. Another firm based in France, Oplus, co-founded by Olivier Pardo is also counsel for the DRC against AVZ. A former magistrate, Olivier Pardo has been a lawyer in several widely publicized cases, for example defending Equatorial Guinea in the case of “ill-gotten gains”; Ziad Takkiedine on the Karachi attacks; or more recently the polemicist and candidate for the French presidential election of 2022, Eric Zemmour.
Cabinet Rachida Dati and Oplus had advised the Congolese State in an arbitration initiated against two companies of Israeli billionaire Dan Gertler in 2021 concerning oil permits that the DRC intended to recover. The blocks were returned to the state as part of a deal struck last year with Dan Gertler, which also ended litigation against the businessman.
In addition to these firms, the Congolese State has also appointed firms based in Kinshasa to represent it, namely Adombe & Associés, Mulenda and BND Lawyers & Associates.
In parallel with this arbitration at Cirdi, several other legal or arbitration proceedings have been launched concerning the Manono lithium project, involving its co-shareholders - AVZ, the public company Cominière and Dathomir of the Chinese businessman Simon Cong - , but also companies claiming rights to the site, in particular the Chinese group Zijin Mining.
Litigation fund Omni Bridgeway announced at the end of 2022 that it had agreed to finance a class action against AVZ on the part of its shareholders due to the fall in the value of the company's securities. Omni Bridgeway is now inviting interested shareholders to come forward by August 31.