AVZ Discussion 2022

Scoota30

Regular
Oops, reposting in correct thread.

"The sole arbitrator will determine a procedural timetable in the coming weeks, with the company providing an update."

What exactly is a procedural timetable in this setting. Are we likely to hear anything definitive after the 90 minute hearing? It is two weeks since the hearing took place, can't be far off hearing some news.
You on the sauce already Dazza? It's been 2 weeks African time maybe, it's actually been 3 weeks Australian time 🤣
 
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Dazmac66

Regular
@9cardomaha reckons we should have an answer on the jurisdictional challenge first week of November. Could be sooner or later tho. That's if Zijin haven't already withdrawn due to no longer claiming to have the 15% and therefore not needing to be recognised in Dathcom lol
Thanks CD, well that is next week! I hope we still get to uncover the details of the hearing and it is utterly embarrassing for Zijin and Comminiere! By the way 9card is a freak - international man of mystery!!
 
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Scoota30

Regular
Yes in the case brought by AVZ against Cominiere. Zijin have nothing to do with that case if they withdraw from the case they brought or AVZ's jurisdictional challenge is successful. China playbook 101 is delay through lawfare with an off ramp if the case has no hope just like the tariffs against Australia at the WTO imo
I am definitely not a lawyer but surely if a case goes through it's first hearing, then the side that initiated the case pulls out after the hearing has been heard and the outcome is likely not to be in their favour, that is quite clearly delay tactics and AVZ could initiate a counter trial that you would hope would have a quick turnaround?
 
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I am definitely not a lawyer but surely if a case goes through it's first hearing, then the side that initiated the case pulls out after the hearing has been heard and the outcome is likely not to be in their favour, that is quite clearly delay tactics and AVZ could initiate a counter trial that you would hope would have a quick turnaround?
A counter trial for what?

We want Zijin to go away. By their own official announcements they are no longer claiming 15% of Dathcom. Either way it's game over for them trying to be recognised in Dathcom imo
 
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Dazmac66

Regular
You on the sauce already Dazza? It's been 2 weeks African time maybe, it's actually been 3 weeks Australian time 🤣
Holy cow, you are correct 6th November. Even more pissed off at how long it is taking now. FFS!
 
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Winenut

Go AVZ!
When did Zijin first disclose to the market any of their actions taken in regard to their purported acquisition of 15% of Dathcom from Cominiere?

A purported acquisition they have now given up on which caused AVZ stock to lose value before being forced into suspension

When did Bellamel sell?

View attachment 48179
THAT.....was exactly the question that smashed into my brain as soon as I read the words "Bellamel sold before the suspension" for the very reason potential insider trading
 
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Dijon101

Regular
Are we assuming zijin lost the initial ICC case and so they have split the northern section as another delaying/shitfuckery tactic??
In doing so give the MMGA clowns as much time and ammo to get on the board??


By the looks of it, the tenement split is what they were trying to do 18 months ago.
 
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BEISHA

Top 20
😂
Ok who's responsible for this?
I'm dying!




😂🤣🤣

Classic.

middle-finger.gif
 
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Retrobyte

Hates a beer
I assume that if Shareholders do not vote, their holding will be counted as abstain? Can anyone confirm?

Not voting at all means the votes for those shares are not included in the count at all. For example, last year there were around 1.4B votes cast out of the 3.5B total.
 
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GuruDukun

Regular

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WHICH part of the RDC Government supports this!?
 
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DiscoDanNZ

Regular
IMO we should have nominated @JAG , at a minimum the results would have given us an idea of how much voting power us TSE degenerates have
 
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Scoota30

Regular
A counter trial for what?

We want Zijin to go away. By their own official announcements they are no longer claiming 15% of Dathcom. Either way it's game over for them trying to be recognised in Dathcom imo
Hmmm I see your point. But what if this whole recent split is a shit fuckery delay tactic, they pull the ICC case and then 6 months down the line they change their mind again and say "we still have 15% ownership of Dathcom".
It would be nice to have an official ICC verdict ruling that Zijin has no merit to the 15% in Dathcom so that it is 100% case closed for any future arguments.

Edit: for example, if they pull the ICC case from under us now, then in a few months time the DRC Gov actually sort their shit and re-shuffle the majority ownership back to Dathcom, what's to stop Zijin still then screaming from the rooftops that they still have 15%? We would then need to initiate our own case against them which would take another 12 months to have an official ICC verdict.
 
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Azzler

Top 20
Could someone outline what resolution 1 refers to exactly?
Is it just these bonus payments we've heard of or something more?
 
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Winenut

Go AVZ!
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Hmmm I see your point. But what if this whole recent split is a shit fuckery delay tactic, they pull the ICC case and then 6 months down the line they change their mind again and say "we still have 15% ownership of Dathcom".
It would be nice to have an official ICC verdict ruling that Zijin has no merit to the 15% in Dathcom so that it is 100% case closed for any future arguments.

Edit: for example, if they pull the ICC case from under us now, then in a few months time the DRC Gov actually sort their shit and re-shuffle the majority ownership back to Dathcom, what's to stop Zijin still then screaming from the rooftops that they still have 15%? We would then need to initiate our own case against them which would take another 12 months to have an official ICC verdict.
Yeah I'm sure AVZ will push for exactly that in case of withdrawal by Zijin but I doubt the ICC will grant it however it is possible they could. If Zijin do withdraw they will have to give reason which will need to include 'wait psyche we don't actually claim to own the 15% anymore'. The ICC would laugh in their face if they tried to come back after making a declaration like that imo
 
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Yes, another lie by the stooges Winenut

Anyone who wants some information to post back to the lying scumbags can access it easily on this new thread I linked below. Just copy and paste any of the information there and use yourself

Don’t post there and clog up the thread, I will hopefully add more information over time

 
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Scoota30

Regular
Yeah I'm sure AVZ will push for exactly that in case of withdrawal by Zijin but I doubt the ICC will grant it however it is possible they could. If Zijin do withdraw they will have to give reason which will need to include 'wait psyche we don't actually claim to own the 15% anymore'. The ICC would laugh in their face if they tried to come back after making a declaration like that imo
Yeah I agree the ICC will laugh in their face, but in the meantime while the ICC process our case request, Zijin could cause more delays on the ground by still having support from MoP & more propaganda news articles claiming that there is still a dispute over 15%. It would make me sleep a lot better at night if we can get this ICC ruling against Zijin all wrapped up in the next few weeks in our favour.
 
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Yeah I agree the ICC will laugh in their face, but in the meantime while the ICC process our case request, Zijin could cause more delays on the ground by still having support from MoP & more propaganda news articles claiming that there is still a dispute over 15%. It would make me sleep a lot better at night if we can get this ICC ruling against Zijin all wrapped up in the next few weeks in our favour.
BET
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End of the arbitration proceedings at the ICC: Shaken by the position of COMINIERE SA, the company MMCS1 withdraws its main claims

It is a legal victory that the Congolese mining company (COMINIERE SA) has just won at the International Court of Arbitration of the International Chamber of Commerce (ICC) against the multinational MMCS1. Shaken by the convincing arguments of COMINIERE SA which clearly and black and white established before the judges the unfoundation of "these main claims as well as the weaknesses and inconsistencies of the interventions of the experts and witnesses cited by the plaintiff in this arbitration procedure", MMCS1 was forced to withdraw its main claims before the ICC
.

Indeed, following the official withdrawal of the main claims of MMCS1 in the file opposing it to the Congolese mining company, the General Secretariat of the International Court of Arbitration of the International Chamber of Commerce (ICC) transmitted, by email of July 21, 2023, to all the litigants as well as to the Arbitral Tribunal, the letter confirming the end of the arbitration procedure registered under ICC nº 23225/GR/PAR between MMCS1 and COMINIERE SA (hereinafter referred to as the "procedure ”), pursuant to Article 37(6) of the ICC Rules.

For its part, the Arbitral Tribunal constituted to hear this procedure, by its email of July 28, 2023, formally acknowledged receipt of the email of July 21, 2023 and noted that the Procedure is deemed to have ended. By her email of July 31, 2023 addressed to the Arbitral Tribunal, the claimant in arbitration MMCS1 through her counsel, confirmed the end of the procedure following the withdrawal of her main claims pursuant to Article 37(6) of the CCl Rules and, moreover, thanked the Arbitral Tribunal for all the diligence carried out since the start of this arbitration, for the professionalism they have demonstrated in this case, but also for the flexibility and patience they have shown towards the parties throughout the proceedings.

The hearings of the pleadings having been closed and the hearing notes issued, COMINIERE SA's legal counsel also sent the note of the balance of his fees to the senior management of this para-public, as announced in his referenced letter of January 02, 2023 The withdrawal of the principal claims and consequently the end of the procedure, devote the end of its services relative to this Procedure.

At the time of going to press, MMCS1 refused and still refuses, in a deliberate manner, to pay the balance of the amount of the separate position, despite repeated reminders from the General Secretariat of the International Court of Arbitration of the ICC, to enable the Arbitral Tribunal to rule on the merits of its claims, confirms the terms of the latest report by Cabinet Emery Mukendi Wafwana et Associés, SCP, sent to COMINIERE SA following the hearings in January 2023. This last report stated the relevance and merits of its legal arguments developed on behalf of COMINIERE SA, which arguments had shaken the position of MMCS1,while establishing the non-foundation of its main claims as well as the weaknesses and inconsistencies of the interventions of the experts and witnesses cited by the plaintiff in this procedure.

It should be noted that by correspondence dated June 29, 2023, in accordance with Article 37(6), the Secretary General granted the Claimant a final deadline until July 17, 2023 to pay the balance of the amount of the provision separately and informed the claimant that in the absence of payment within the time allowed, the claims concerned would be considered withdrawn.

This period expired on July 17, 2023 without our having received this payment and without any party having raised an objection in accordance with Article 37(6). Consequently, in accordance with Article 37(6), the main requests are considered withdrawn as of July 18, 2023, without this precluding their subsequent reintroduction in another procedure. The Court was informed of the withdrawal of the claims and, at the same time, it was asked to fix the costs of the arbitration. So what is the consequence to be drawn from this withdrawal?

To date, according to a mining and quarrying agent who requested anonymity, the direct consequence of the withdrawal of MMCS1's requests or the end of the procedure is that COMINIERE SA does not incur any risk whatsoever arising from the procedure, this which can be analyzed as a success and/or result obtained for the benefit of the government corporation.
 
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BRICK

Regular
IMO we should have nominated @JAG , at a minimum the results would have given us an idea of how much voting power us TSE degenerates have
Theres always next year......
 
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SilentOne

Regular
Yeah I'm sure AVZ will push for exactly that in case of withdrawal by Zijin but I doubt the ICC will grant it however it is possible they could. If Zijin do withdraw they will have to give reason which will need to include 'wait psyche we don't actually claim to own the 15% anymore'. The ICC would laugh in their face if they tried to come back after making a declaration like that imo
Ohh dont forget the Fees that Sin Bin are racking up for this.
 
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