Carlos Danger
Top 20
Isn't the ICC case currently at hand between Jin Cheng and AVZI?
Zijin did not actually bring this case to arbitration.......Jin Cheng did
And isn't that specifically the crux of the jurisdictional arguement from AVZI to get it thrown out?
ie That Jin Cheng cannot bring this case to arbitration as it is NOT a partner in the Dathcom JV
If AVZI gets the result it hopes for and thinks it should all that happens here is Jin Cheng is told by the ICC "Sorry guys fuck off....this has nothing to do with you as you are not part of the Dathcom JV".......NEXT!
Or am I missing something?....
you are correct - i just use ZJ because its easier than Jin Cheng... they are the same.
ie That Jin Cheng cannot bring this case to arbitration as it is NOT a partner in the Dathcom JV - while this is the gist of the issue, there is a subtle difference to remember, we are arguing that the ICC does not have jurisdiction because of the above. Burden of proof in this instance is more on ZJ i think.
I use Zijin because they are the controlling company. Just like I use AVZ instead of AVZI."It should be noted that this does not finally determine whether the sale of shares from Cominière to Jin Cheng was effective, which will remain to be determined in separate proceedings". AVZ Minerals .
At what point does Nigel lock in ICSID ? Must be getting very close . They will just continue to f--k us around .
Even though the jurisdictional challenge is a question of Jin Cheng's right to initiate arbitration it is looking at all the key facts of the case eg the IGF report. This was the quickest way for AVZ to eliminate Zijin from the picture legally speaking. If successful we will then just have to deal with Cominiere breaching our pre-emptive right in the case we brought to the ICC against them.