Breaking News: AVZ Minerals Scores Victory in ICC Arbitration with Cominière
AVZ Minerals Successfully Restraints Cominière in Ongoing ICC Arbitration
In a continued battle against La Congolese D’Exploitation Minière (Cominière), AVZ Minerals is making significant progress. The company has obtained emergency relief and additional updates from the International Chamber of Commerce (ICC) in Paris concerning its joint venture agreement with Dathcom Mining SA (Dathcom). This latest development further solidifies AVZ's position and restrains Cominière from implementing its purported termination.
Imposing Penalty on Cominière
Back in May 2023, AVZ's subsidiaries secured emergency relief from the ICC, ordering Cominière to pay a penalty of €50,000 per day if it attempted to terminate the joint venture agreement with Dathcom. However, despite the initial ruling, Cominière proceeded with its purported termination of the agreement, prompting AVZ's subsidiaries to apply for further emergency relief.
ICC's Decision and Ruling
On November 9, 2023, AVZ's application for additional emergency relief was heard by the ICC. Six days later, on November 15, the ICC emergency arbitrator rendered a favorable decision in AVZ's favor. The ruling outlined the following orders against Cominière:
Cominière must refrain from exploring and exploiting PR 13359 and PR 15775, directly or indirectly, until the ICC tribunal in charge of determining the validity of the termination of the Dathcom joint venture agreement evaluates the matter.
Cominière is obligated to pay a fine of €50,000 per day for any non-compliance with the aforementioned order.
Cominière is responsible for covering the ICC's administrative costs and a portion of the legal costs incurred by AVZ's subsidiaries.
Furthermore, the ICC emergency arbitrator rejected Cominière's request to set aside the emergency order issued on May 5, 2023. Consequently, the daily penalty of €50,000 for non-compliance with the initial emergency order remains in effect, while the new penalty for non-compliance with the latest ruling is now being added.
AVZ's Continued Efforts
AVZ Minerals is pleased with the latest development in the ongoing ICC arbitration proceedings against Cominière. The company remains steadfast in protecting its joint venture agreement with Dathcom and preventing any actions that could jeopardize its interests. AVZ continues to diligently pursue its legal rights and will closely monitor Cominière's conduct moving forward.
Looking Ahead
With the ICC emergency arbitrator's recent ruling and penalties imposed on Cominière, AVZ Minerals is confident in its ability to maintain the integrity of its joint venture agreement with Dathcom. As the arbitration process progresses, AVZ will remain dedicated to securing a favorable outcome and safeguarding its position in the ongoing legal dispute.
In conclusion, AVZ Minerals Limited has effectively restrained Cominière from implementing its purported termination of the joint venture agreement with Dathcom. Through the recent ICC emergency arbitrator ruling and the imposed penalties, AVZ showcases its commitment to upholding its rights and protecting its joint venture interests. The company looks forward to gaining further ground in the ongoing arbitration proceedings and ensuring a fair resolution.