Did you notice Cominiere (a Government agency), MoP and MoM (this is the DRC government btw) don't give a flying fuk about any law and make things up on the go, as they please?
I thought it is pretty clear by now that the only rule which has applied is :'the one who pays the biggest brown paper bags into specific private accounts, gets the deal'.
It has absofukkindiddlysquat to do with any law.
If the fukkin law would matter, there would be no need to go to the ICC.
So much for your caring law.
You have to hope it matters or your investment is likely fukked. The neutrality of ICC also can provide DRC authorities with an objectivity they could use safely that they otherwise are sadly lacking in the home jurisdiction. I think they might be using ICC jurisdiction seriously because Kibeya emerged in a twitter account after the emergency relief favourable outcome
Going to ICC is covered as it appears in this section of the JVA:
“######
ARTICLE 44. DISPUTES AND CONTROVERSIES
44.1 In the event of disputes and controversies between the shareholders and the Corporation or between the shareholders themselves, concerning or arising out of the affairs of the Corporation, the party concerned undertakes, before instituting any arbitration proceedings, and except in an emergency, to meet with the other party or parties to attempt to reach an amicable settlement. To this end, the delegate of the party concerned shall meet with the other party or parties within fifteen (15) working days of the invitation to such a meeting sent by letter by the most diligent party to the other party or parties concerned. If such a meeting is not held within such period or if the dispute or difference is not settled in writing by all the parties concerned within fifteen (15) working days of the meeting, on the initiative of the most diligent party, the dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with such Rules.
44.2 The arbitration shall take place in Paris and the proceedings shall be conducted in French with
simultaneous translation into English. The parties to the arbitration documents in English or French.
The parties to the arbitration may present their
44.3 The arbitral tribunal shall apply Congolese law, however, in the event of a legal vacuum, the arbitral tribunal may refer to
44.3 The arbitral tribunal shall apply Congolese law, but in the event of a legal vacuum the arbitral tribunal may refer to the general principles of international trade law.
44.4 The arbitral award shall be final and binding. The parties undertake to carry out without delay and in good faith the award rendered by the arbitrators in accordance with the provisions of this Article and hereby waive any immunity from jurisdiction or execution in connection with its implementation. An application for enforcement of the award may be made to any court having jurisdiction.##########”
Full PDF is now uploaded in its own thread for easy locating.