AVZ Discussion 2022
- Thread starter GazDix
- Start date
Bin59
Regular
“The parties' counsel will review and agree on the transcripts, and AVZ and Jing Cheng will submit post hearing briefs.”
library.iccwbo.org
A bit more about post hearing briefs;
ICC Digital Library
library.iccwbo.org
A bit more about post hearing briefs;
This will go on for months . Chinese play book . Where's plan B Nige ? If this case has nothing to do with receiving the ML .“The parties' counsel will review and agree on the transcripts, and AVZ and Jing Cheng will submit post hearing briefs.”
ICC Digital Library
A bit more about post hearing briefs;
View attachment 46610
BRICK
Regular
Hopefully there’s a limit on the back and forth on the transcripts. Been through that before and the opposing sides can make fucking hay out of it. Change “an” to “a” and shit like that.
Chinese know how it plays out . They've done it a million times . Just another box ticked for them .
antimatter
Regular
“The parties' counsel will review and agree on the transcripts, and AVZ and Jing Cheng will submit post hearing briefs.”
ICC Digital Library
A bit more about post hearing briefs;
View attachment 46610
"Additional rounds of written submissions enable the parties to articulate their positions more extensively and respond to the developing arguments on each side.
https://library.iccwbo.org/content/dr/COMMISSION_REPORTS/CR_0048_Topic5.htm
However, additional rounds of briefs may lead to unnecessary repetition, excessive detail or dilatory tactics." FuckZJ Playbook
Underwaterdark
Regular
There is also the chance that the Arbiter could review the information and close it quickly without further hearings etc.
(not wanting to waste any more of anyone's time, especially their own)
There is also an Expedited procedure, which I am unsure if we are under this or the standard one.
"The procedure is simplified:
(not wanting to waste any more of anyone's time, especially their own)
There is also an Expedited procedure, which I am unsure if we are under this or the standard one.
"The procedure is simplified:
- No Terms of Reference required
- A case management conference will be convened within 15 days after the date on which the file was transmitted to the arbitral tribunal
- The arbitral tribunal may decide on the basis of documents only
- The arbitral tribunal may limit the number, length and scope of written submissions and written witness evidence"
Bin59
Regular
Arbitration Rules
iccwbo.org
Article 35 – Notification, Deposit and Enforceability
2021 Arbitration Rules - ICC - International Chamber of Commerce
The below ICC Rules of Arbitration entered into force on 1 January 2021. They define and regulate the management of cases received by the International Court of Arbitration® from 1 January 2021 on. Introductory Provisions Commencing the Arbitration Multiple Parties, Multiple Contracts and...
iccwbo.org
Article 35 – Notification, Deposit and Enforceability
of the Award
- Once an award has been made, the Secretariat shall notify to the parties the text signed by the arbitral tribunal, provided always that the costs of the arbitration have been fully paid to ICC by the parties or by one of them.
- Additional copies certified true by the Secretary General shall be made available on request and at any time to the parties, but to no one else.
- By virtue of the notification made in accordance with Article 35(1), the parties waive any other form of notification or deposit on the part of the arbitral tribunal.
- An original of each award made in accordance with the Rules shall be deposited with the Secretariat.
- The arbitral tribunal and the Secretariat shall assist the parties in complying with whatever further formalities may be necessary.
- Every award shall be binding on the parties. By submitting the dispute to arbitration under the Rules, the parties undertake to carry out any award without delay and shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made.
TheCount
Regular
He hasn't sobered up since the Collingwood win!
TC.
"Arbitration is only really “binding” if it can be enforced. The good news is that the DRC is a signatory to the New York Convention.
The bad news is that the DRC does not recognise arbitration rulings in relation to immovable property."
Herbert Smith Freehills describes it this way:
“the New York Convention will not apply to disputes related to immovable property or on a right related to immovable property. This is a particularly significant reservation, as it has potential to bite, for example, on disputes arising from mining rights. Unlike the other three reservations, this reservation is not provided by the New York Convention itself (although not prohibited by it).”
The bad news is that the DRC does not recognise arbitration rulings in relation to immovable property."
Herbert Smith Freehills describes it this way:
“the New York Convention will not apply to disputes related to immovable property or on a right related to immovable property. This is a particularly significant reservation, as it has potential to bite, for example, on disputes arising from mining rights. Unlike the other three reservations, this reservation is not provided by the New York Convention itself (although not prohibited by it).”
Carlos Danger
Top 20
So if Zijin win we can just ignore it and still not recognise them in Dathcom. Good to know.
As long as we get the ML I'm sure many SH could care less at this point if Zijin ended up with 15% .
AVZ 51% CATH 24% Zijin 15% DRC 10 %
AVZ 60% CATH 10% Zijin %15 DRC 15%
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