I must say, its great to have another legal eagle here along with @9cardomaha and @Carlos Danger , welcome to TSE Netoo !Hi evergone,
Thanks @9cardomaha for your valuable insights. A few, i beg to differ, as below:
The screenshot below is from Nov-15-2023 ICC Opinion/Order.
Good morning /afternoon,
Thanks David for the HC screenshots.
There is no legal loophole that C. and/or Z. could exploit from the 62 page Nov-15 ICC Order.
You are making sound deductions from facts and laws, however, i feel, you did not or may have not accurately deduced meaning of the two non-ambigous words (in red, screenshot).
We are not talking about whether Dathcom JV termination is legal or illegal, that is what ICC said. We are merely focussing on that 15775 is a JV entity with 61-39 between Z. And C. And therefore by virtue of this Z. majority owned Manono lithium, any work by C. is in DIRECT violation AND/OR any work by Z. leads to C. in INDIRECT violation of the Order.
There is NO loophole, Courts in Injunctive cases mostly Order blanket statements such as this highlighted in the above picture for the ONLY reason that any remote interpretation or a corner-case exception should be avoided by all parties.
Finally, in non-legal layman terms, because Manono Lithium is a 61-39 JV, work done by Z. that results in gainful progress of the 15775 tenaments DIRECTLY benefits C. and hence C. violates the Arb. Order.
This quote "Cominiere is enjoined from taking any action ..." (from above) came in the ICC first grant of AVZ injunction (April 2023) - after which Dathcom dissolved and 15775 established - this is direct violation by C.
That is why, AVZ submitted $19m from accured daily fines started April and ending Nov-15.
In May-2023, C. dissolved dathcom. After that happens, when it happens, who does and what he does are ALL moot issues. The starting damage is done and is irrversible, irrevokable and non-trivial. Period.
From global lawyer on X, below:
"So even if Zijin's work on the licences could not be directly attributed to Cominiere, the mere fact that they have become part of a new JV "Manono Lithium" is a violation of the judgment and causes damages. Whether the penalty is triggered once, twice or three times cannot be said with certainty. For that we would need to know the court's practice."
"It is completely irrelevant what happened afterwards. The first offence was the dissolution of Dathcom and the creation of Manono Lithium and the collaboration with Cami and MoP to get the Zijin/Cominière joint venture up and running and registered in the cadastre. It is completely irrelevant who is now carrying out which field work."
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So just to further dumb this down for the simple pricks like me.......
There is NO loophole
According to Emergency arbitration rulings as per ICC, Cominiere are in breach for terminating the Dathcom JV and introducing another JV ....Manono lithium (Zijin 69% - Cominiere 39% )
Any works done by Zijin on PR13359 / and or PR15775 is a indirect violation of the emergency arbitration ruling , therefore Cominiere is in direct breach of the ruling as per above statement.
So either way, Cominiere are directly screwed and Zijin, (being majority shareholder of the newly formed illegal JV) are complicit against the emergency ruling, therefore screwed as well..........no loop hole.
Is that about right ?
As a side note...
There were reports that Zijin have employed a 7 rig exploration operation, in my discussions with the BOD, they were hoping that each rig operation would incrue a $50k a day penalty, but alas, that is not the case, its just a cumulative $50k a day breach despite if multiple actions occur per day.....
On top of all the fuckery that puzzles and blows me away with this shit show , why hasnt the newly formed MANONO LITHIUM JV included a free carry percentage to the DRC govt ?
I would of thought if FT was complicit in this newly formed JV, that he would of insisted on a minimum 10% free carry cut as per the previous Dathcom JV...
Why hasnt FT objected to this illegal under taking by Cominiere or is he setting up CK to be the fall guy ?
Care to comment ?
imo