AVZ Discussion 2022

Rediah

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9cardomaha

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Der Les just posted a translation of the letter to the President of the Commercial Court of Lubumbashi from the pineapple brigade in Feb 2022. If legit it is an insight to the clown show that the bod are having to deal with. Most of it is batshit insane drivel but it does give references for the correspondence around the FROR.

@9cardomaha any chance you can get your hands on CEM/DG/051/amm/2021 and / or CL/098/MMA/08/2021 ?

Franck Fwamba sang a very different tune about the content of those documents. And while I'm 99.9% sure who's telling the truth it would be amazing to have them so we can confirm what happened and then use the proof to rub the haters noses in it.

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And the response:

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Also @MoneyBags1348 for the subforum
 
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9cardomaha

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Sharing my throughts on the win granted through ICC Emergency Arbitration Proceedings for those that care what i think lol.

I originally commented the below and stated that directly going to ICC fucks CKK and Zijin which has proven to be right.
TLDR: Cominiere do not have the authority to cancel shit, AVZ raising the stakes straight to ICC fucks their process and CKKs scheme with ZJ will be a flop. We will just need to wait - i like the poker analogy, BOD just fucking pushed CKK and his limp dick hand all-in.

One thing that concerns me right now is how the below is worded:
  • Cominière is prevented from taking any action or taking any steps, that would result from the implementation of the termination of the Dathcom JVA and/or the consequences of such termination, until the final award on the merits of the broader Cominière Arbitration Proceedings is made;
  • Cominière must comply with Section 11.1 of the Dathcom JVA (being the requirement to adjudicate any disputes via arbitration before the ICC) and to refrain from bringing any litigation in connection with the Dathcom JVA and/or the termination it claims to have effected, before the courts in the Democratic Republic of Congo (DRC), until the final award on the merits of the broader Cominière Arbitration Proceedings is made;
The reason this concerns me is that I have been made aware of potential ICC action by Cominiere against AVZ - if this turns out to be true (it is heresay at the moment) then I think others would share the same concern - though i am uncertain what Cominiere could possible be filing at ICC.

Anyone more versed in ICC law able to help clarify whether Cominiere is able to bring a case against AVZ to confirm termination of JVA given AVZ's case is already related to this matter?
 
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Winenut

Go AVZ!
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Chips, lollies and general snack supplies must have been running low...
The audacity of them to ask us for money while rat fucking us. You couldn't pay me enough to deal with these clowns. Nigel deserves a raise imo
 
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John Reed

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Sharing my throughts on the win granted through ICC Emergency Arbitration Proceedings for those that care what i think lol.

I originally commented the below and stated that directly going to ICC fucks CKK and Zijin which has proven to be right.


One thing that concerns me right now is how the below is worded:
  • Cominière is prevented from taking any action or taking any steps, that would result from the implementation of the termination of the Dathcom JVA and/or the consequences of such termination, until the final award on the merits of the broader Cominière Arbitration Proceedings is made;
  • Cominière must comply with Section 11.1 of the Dathcom JVA (being the requirement to adjudicate any disputes via arbitration before the ICC) and to refrain from bringing any litigation in connection with the Dathcom JVA and/or the termination it claims to have effected, before the courts in the Democratic Republic of Congo (DRC), until the final award on the merits of the broader Cominière Arbitration Proceedings is made;
The reason this concerns me is that I have been made aware of potential ICC action by Cominiere against AVZ - if this turns out to be true (it is heresay at the moment) then I think others would share the same concern - though i am uncertain what Cominiere could possible be filing at ICC.

Anyone more versed in ICC law able to help clarify whether Cominiere is able to bring a case against AVZ to confirm termination of JVA given AVZ's case is already related to this matter?
They decided to bring it to Twitter hence the new accounts 🤣

Keyword is “before”, I would have thought.

Cominiere seem protected in DRC, none of them have lost their job?

ICC is just ‘properly constituted’ and just the current order is another embarrassment that they can’t just do what they want, there is Law. Or there is chaos
 
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John Reed

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En outre, au cours de notre rencontre avec votre représentant, nous avons réitéré notre demande formulée pour avoir un prêt ou avance sur dividende aux fins de permettre à la COMINIERE de faire
face aux charges de son fonctionnement.”

“Dividends” - so they are expecting AVZ to be in production.
 
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Flight996

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En outre, au cours de notre rencontre avec votre représentant, nous avons réitéré notre demande formulée pour avoir un prêt ou avance sur dividende aux fins de permettre à la COMINIERE de faire
face aux charges de son fonctionnement.”

“Dividends” - so they are expecting AVZ to be in production.

I laughed so much at Cominiere's letter that the wife was about to call 000 and have me committed.
 

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9cardomaha

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This one from the lawyers also related to the above documents i think:

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So in and amongst all this confusion at CAMI i don’t suppose they accidentally issued our Mining License?
 
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TDITD

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Not the kind of mistakes they make
 
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obe wan

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Sharing my throughts on the win granted through ICC Emergency Arbitration Proceedings for those that care what i think lol.

I originally commented the below and stated that directly going to ICC fucks CKK and Zijin which has proven to be right.


One thing that concerns me right now is how the below is worded:
  • Cominière is prevented from taking any action or taking any steps, that would result from the implementation of the termination of the Dathcom JVA and/or the consequences of such termination, until the final award on the merits of the broader Cominière Arbitration Proceedings is made;
  • Cominière must comply with Section 11.1 of the Dathcom JVA (being the requirement to adjudicate any disputes via arbitration before the ICC) and to refrain from bringing any litigation in connection with the Dathcom JVA and/or the termination it claims to have effected, before the courts in the Democratic Republic of Congo (DRC), until the final award on the merits of the broader Cominière Arbitration Proceedings is made;
The reason this concerns me is that I have been made aware of potential ICC action by Cominiere against AVZ - if this turns out to be true (it is heresay at the moment) then I think others would share the same concern - though i am uncertain what Cominiere could possible be filing at ICC.

Anyone more versed in ICC law able to help clarify whether Cominiere is able to bring a case against AVZ to confirm termination of JVA given AVZ's case is already related to this matter?
Yes would be interesting to see what those dogs are looking to bring a case up against AVZ ; We all know that disagreements go through a process with the JV ( number of days working it out) , before they are required to be resolved through ICC ; cominiere obviously ignored the ICC term and aimed to go through some brown bag piloted court in lumbumbashi to get the JVA for the 15% knocked.

Zijin likely didn't want to go to ICC; reasoning for delay was conflict of schedule....3 arbitrators..likely zijin got to one of them lmo considering these cases are known months in advance ; so conflict of schedule sounds lame .

ICC case gets delayed; most likely rooted back to zijin as the clock counted down to case day and they knew they’d have little chance ; put the pin into cominiere to cancel JVA and get it done through brown bag court just like they had previously done without AVZ even been present ; AVZ emergence arbitration lodged and pipped cominiere. Seems like cominieres tacked is to get into a dodgy court and get a dodgy decision over the line which then takes time to rectify

The concern for me, is the time it takes to get these arbitration cases to get processed....if there was a faster court other than in the liked of lumbumbashi with a straight judge is welcome that but this is terms would likely prevent ( your second highlighted line) , but ye having icc in the contract terms has obviously had its advantages, but slow as fuck ; Cominieres bank balance certainly isn't in a healthy state and legal fees could quickly clear them out...whats the betting on zijin passing envelopes under the table to weather such fees
 
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Hudnut

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Cominieres bank balance certainly isn't in a healthy state and legal fees could quickly clear them out...whats the betting on zijin passing envelopes under the table to weather such fees

Maybe Cominiere has asked Zijin for dividends in advance to help with operating costs too. :rolleyes:
 
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Spikerama

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@JAG and anyone else on twitter I've updated the Campaign Assets folder with static and GIF.

 
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Frank

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