AVZ takes Congo to Washington court over mine license
Tom RichardsonMarkets reporter and commentator
Jun 12, 2023 – 2.21pm
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AVZ Minerals has accused the Democratic Republic of Congo of unlawful behaviour in refusing to issue it a mining license for a major lithium deposit located in the country's south.
The Perth-headquartered lithium explorer late on Friday said it has lodged an arbitration request at the International Centre for Settlement of Investment Disputes in Washington, seeking unspecified remedies from the DRC for an alleged failure to comply with its own mining code.
“The company considers the conduct of the DRC to be unlawful and the company, together with the claimants, will take all actions necessary to protect the interests of its stakeholders,” AVZ said in a statement.
AVZ Minerals is tangled up in a dispute over ownership rights to what could be one of the world’s biggest lithium deposits. AVZ Minerals
The company, which had a market capitalisation of $2.75 billion, was suspended from the ASX in May 2022. The explorer faces separate legal fights with two of its joint venture partners in the DRC – Dathomir and Cominière – alongside a dispute with Chinese miner Zijin Mining.
In Australia, a class action is being prepared by Omni Bridgeway over AVZ’s alleged failure to disclose to investors the disputes over ownership rights to the project in the DRC, known as Manono, in 2021.
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The former lithium darling declined to answer earlier questions about what options it has to sell its ownership rights to the Manono project under the terms of the joint venture if it is unable to secure a mining licence.
It also declined to answer questions as to when it may return to trade and what actions it has taken to secure a mining license, as shareholder frustration mounts.
Escalating dispute
Cominière, the Congolese state owned mining body, is believed to have notified AVZ of its intention to terminate their joint venture partnership to develop the Manono project in December. However, AVZ has refused to accept the project’s termination unless it’s ordered by the International Chamber of Commerce.
On May 5, AVZ said an ICC adjudicator had granted it injunctive relief to prevent Cominière from taking any steps to dissolve the joint venture before the DRC courts.
But Cominière is seeking $US566 million ($843 million) in damages from AVZ for what it says is financial loss incurred as a result of the company’s alleged mismanagement and failure to abide by the terms of the joint venture agreement.
Separately, Zijin Mining has applied to the ICC to have a complaint heard against AVZ for what it claims is a failure to recognise its 15 per cent ownership interest in the project and seeks $US850 million in compensation.
A hearing to decide whether Zijin is entitled to make a claim against AVZ at the ICC is scheduled for July 3.