hes not at the negotiation table so everything he is getting is second hand, just like others on this site who have information to share from time to time, I for one appreciate the little bits of hope even though I tend to downplay them now. I think we've all learned that the DRC officials are grin fucking avz management and cant be trusted. No more grin fucking now though per the latest announcement
AVZ Discussion 2022
- Thread starter GazDix
- Start date
Xerof
Biding my Time 1971
ICSID - there is plenty of good background info on the website
In amongst the guide for Respondents i.e. in our case the DRC folk, is this about timing
If the investor or the State pursue arbitration at ICSID, they will commence the proceedings by filing a Request for Arbitration (RFA). The RFA may be filed under the ICSID Convention or ICSID Arbitration (Additional Facility) Rules.
The Request for Arbitration identifies the parties, the investment, the nature of the dispute, the applicable legal instruments and the manner in which the parties consented to arbitration. Detailed factual and legal arguments are developed later in the procedure.
In some cases, the requesting party (Claimant) identifies the specific government office to which ICSID should send copies of a RFA. In other cases, the Claimant does not know precisely where to address the request, and may ask ICSID to send the copies to a number of State offices. The State is responsible for directing these to the appropriate national authorities and should do so as quickly as possible. If the State has designated an agency for such cases, the agency should also receive a copy of the Request.
ICSID also sends a copy of the RFA to the Embassy of the Respondent State in Washington, D.C., as an extra precaution to ensure that relevant authorities receive the request. States may wish to advise their Washington embassies where to direct any such notice and to do so immediately upon receipt.
States can avoid potential delay by notifying ICSID of the name and address of the State office in charge of receiving RFAs from ICSID. Alternatively, some States designate an address for service in their treaty or contract. This is equally effective, but requires the State to ensure this address is kept current.
Upon receipt of the RFA, ICSID appoints one of its staff counsel to the file and the RFA is reviewed for registration purposes. The case is registered unless it is “manifestly outside” the jurisdiction of the Centre. This decision is made on the basis of the documents filed by the Claimant and the answer to any questions posed by the ICSID Secretariat. The Secretary-General makes the decision on registration expeditiously, on average within 21 days after its receipt. Sometimes a Respondent wishes to file submissions explaining its position on why the RFA should not be registered. Any such letter from the Respondent should be sent very quickly after receipt of the RFA.
If the RFA is not manifestly outside the jurisdiction of the Centre, the Secretary-General issues a Notice of Registration to both parties, informing them that a dispute has been registered by the Centre and assigning a case number. Registration of the dispute is without prejudice to the Tribunal’s consideration of jurisdiction.
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So, on average 3 weeks after lodgement seems to be the timeframe
To me this coincides with the change on CAMI, and cunt Celistin (fake or not) getting all enthusiastic on Twitter, spilling his guts that AVZ are 'out', but it could also simply link back to the reversal of the partial ML by MofM
In any event, this has been bubbling for a while. The positive is the ICSID has registered our request, and for all intents and purposes, we are on the treadmill.
If you look at some concluded cases, they give a good indication of the steps and general timelines to be expected. Looks similar to ICC process, i.e. fucking slow as a wet week, but then if you can be bothered to read a concluded case's Award of the Tribunal, you can see why it takes so fucking long (especially if they are two finger typists)
Here's more on steps
In amongst the guide for Respondents i.e. in our case the DRC folk, is this about timing
If the investor or the State pursue arbitration at ICSID, they will commence the proceedings by filing a Request for Arbitration (RFA). The RFA may be filed under the ICSID Convention or ICSID Arbitration (Additional Facility) Rules.
The Request for Arbitration identifies the parties, the investment, the nature of the dispute, the applicable legal instruments and the manner in which the parties consented to arbitration. Detailed factual and legal arguments are developed later in the procedure.
In some cases, the requesting party (Claimant) identifies the specific government office to which ICSID should send copies of a RFA. In other cases, the Claimant does not know precisely where to address the request, and may ask ICSID to send the copies to a number of State offices. The State is responsible for directing these to the appropriate national authorities and should do so as quickly as possible. If the State has designated an agency for such cases, the agency should also receive a copy of the Request.
ICSID also sends a copy of the RFA to the Embassy of the Respondent State in Washington, D.C., as an extra precaution to ensure that relevant authorities receive the request. States may wish to advise their Washington embassies where to direct any such notice and to do so immediately upon receipt.
States can avoid potential delay by notifying ICSID of the name and address of the State office in charge of receiving RFAs from ICSID. Alternatively, some States designate an address for service in their treaty or contract. This is equally effective, but requires the State to ensure this address is kept current.
Upon receipt of the RFA, ICSID appoints one of its staff counsel to the file and the RFA is reviewed for registration purposes. The case is registered unless it is “manifestly outside” the jurisdiction of the Centre. This decision is made on the basis of the documents filed by the Claimant and the answer to any questions posed by the ICSID Secretariat. The Secretary-General makes the decision on registration expeditiously, on average within 21 days after its receipt. Sometimes a Respondent wishes to file submissions explaining its position on why the RFA should not be registered. Any such letter from the Respondent should be sent very quickly after receipt of the RFA.
If the RFA is not manifestly outside the jurisdiction of the Centre, the Secretary-General issues a Notice of Registration to both parties, informing them that a dispute has been registered by the Centre and assigning a case number. Registration of the dispute is without prejudice to the Tribunal’s consideration of jurisdiction.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
So, on average 3 weeks after lodgement seems to be the timeframe
To me this coincides with the change on CAMI, and cunt Celistin (fake or not) getting all enthusiastic on Twitter, spilling his guts that AVZ are 'out', but it could also simply link back to the reversal of the partial ML by MofM
In any event, this has been bubbling for a while. The positive is the ICSID has registered our request, and for all intents and purposes, we are on the treadmill.
If you look at some concluded cases, they give a good indication of the steps and general timelines to be expected. Looks similar to ICC process, i.e. fucking slow as a wet week, but then if you can be bothered to read a concluded case's Award of the Tribunal, you can see why it takes so fucking long (especially if they are two finger typists)
Here's more on steps
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Xerof
Biding my Time 1971
He was there on a Friday afternoon, so all pissed after Friday drinks??
MoneyBags1348
Top 20
He was there on a Friday afternoon, so all pissed after Friday drinks??
X this link is specifically with you in mind, but it's for anyone to read. You and I were amongst the first to be suspicious of Lukonde and Guy Loando, and I even sent an email to AVZ at the time Tshisekedi made Lukonde Prime Minister. Back then they had AVZ sucked in, as the reply I received shows
| Mon, Feb 22, 2021, 2:49 PM | |||
|
This is a misnomer and false: We believe that the previous Prime Minister was associated with the Chinese and a hard supporter of Kabila’s regime. The new PM is clean and without any implied corruption. He was appointed as the MD of Gecamines to “clean the company of corruption”. I have believe he was well on his way to doing this and partly because of his efforts was promoted to PM.
If the Chinese are trying to thwart our progress we have not seen it. Rather, a change of government, bureaucracy around this through lack of executive powers and red tape, are slowing us down a little. Now we have a new PM who will form government in about a month, we are expecting a hard push to get what we want and have the project full permitted as soon as possible.
I've reached a point mate where I've had enough bullshit from the DRC and I thought I would put up a little information on our 'Strategic Advisor'
Marius Mushagalusa Mihigi
For a long time I have wondered about our strategic advisor (the one with the guggi bag). Now he's got his own thread and I'm saving some room on this first post for a nice photo I have of him with some added links and a story in the hope he can share with us something for how much he's been...
thestockexchange.com.au
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Frank
Top 20
X this link is specifically with you in mind, but it's for anyone to read. You and I were amongst the first to be suspicious of Lukonde and Guy Loando, and I even sent an email to AVZ at the time Tshisekedi made Lukonde Prime Minister. Back then they had AVZ sucked in, as the reply I received shows
AVZ Minerals - Admin <admin@avzminerals.com.au>
Mon, Feb 22, 2021, 2:49 PM
to me
This is a misnomer and false: We believe that the previous Prime Minister was associated with the Chinese and a hard supporter of Kabila’s regime. The new PM is clean and without any implied corruption. He was appointed as the MD of Gecamines to “clean the company of corruption”. I have believe he was well on his way to doing this and partly because of his efforts was promoted to PM.
If the Chinese are trying to thwart our progress we have not seen it. Rather, a change of government, bureaucracy around this through lack of executive powers and red tape, are slowing us down a little. Now we have a new PM who will form government in about a month, we are expecting a hard push to get what we want and have the project full permitted as soon as possible.
I've reached a point mate where I've had enough bullshit and I thought I would put up a little information on our 'Strategic Advisor'
Marius Mushagalusa Mihigi
For a long time I have wondered about our strategic advisor (the one with the guggi bag). Now he's got his own thread and I'm saving some room on this first post for a nice photo I have of him with some added links and a story in the hope he can share with us something for how much he's been...
David Krappenschitz
Regular
Would help Jens post if he started it with ‘AVZ Minerals’ instead of just “Minerals”. Bit of an oversight there
Cumquat Cap
Regular
What you guys recon should I keep going in on twitter? mindful to not thwart any progress we might be making but these pricks are all corrupt and I want to make them hurt abit/make it more public. Value any input
Yep. I suppose just keep to the facts. Avoid mud slinging. (Unless its to thos demanding AVZ trade).
Xerof
Biding my Time 1971
You asked, so I feel I can reply.
Stick to all the facts - moneybags/dave stuff is excellent
Don't go for the pollies throats just yet IMO. Cornered rats are very dangerous. Let the process unfold naturally. I don't expect any of these ICC or CISID arbitrations to go the full distance, but especially for Felix, we might still need some form of cooperation from him to get 3.50 vs 1.50
he could of course be part of a plan so cunning you could pin a tail on it and call it a weasel
JMO
Cumquat Cap
Regular
Nah that's great advice Xerof, much appreciated - I'm gonna cool off it now and not bother for a month or so noting he very much could make our lifes substantially better if he is agreeable - don't have enough time as MB and Dave to carve it all out so i'll just cool off for a while and let the process unfold
Hodlandwin69
Regular
Where did the $1.50 without ML and $3.50 with ML take over rumour come from?
Azzler
Top 20
Educated guesses.
9cardomaha
Regular
Dave Evans
Regular
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