aanti.dumb
Regular
I would argue that the NY convention DOES apply considering the Zijin dispute is over Dathcom shares being sold against the rules of the JV agreement and not really anything to do with mining. The fact that Dathcom is a mining company isnt really material to the breach of the JV terms. Datchom could be a accounting consultancy and the issue would be identical."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).”
IMO GLTAH