AVZ Discussion 2022

BRICK

Regular
The seat of ICSID tribunal is Paris.

All parties were present, DLA has a solid ICSID veteran team. This is a different team from the ones repping ICC, because the legal framework have subtle differences.

Nige was on the virtual hearing as an observer.

Strong arguments made by DLA, pretty much aligned with my previous comments and thoughts on our approach - a few additional bits and pieces that have come out recently, just strengthening our case.

Tribunal chair made closing statements, asked questions of both DRC and AVZ for some clarity, more questions to DRC than us so good sign.

Verdict before Christmas - DLA still looking like Lebron, or even just shooting from half-court with 90% accuracy.
Christmas present from the DRC might be nice
 
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timb89

Regular
The seat of ICSID tribunal is Paris.

All parties were present, DLA has a solid ICSID veteran team. This is a different team from the ones repping ICC, because the legal framework have subtle differences.

Nige was on the virtual hearing as an observer.

Strong arguments made by DLA, pretty much aligned with my previous comments and thoughts on our approach - a few additional bits and pieces that have come out recently, just strengthening our case.

Tribunal chair made closing statements, asked questions of both DRC and AVZ for some clarity, more questions to DRC than us so good sign.

Verdict before Christmas - DLA still looking like Lebron, or even just shooting from half-court with 90% accuracy.

AVZ Case
"We did everything in the bounds of the law and our contractual obligations."

DRC Case
"Waaaah"
 
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Cumquat Cap

Regular
What was the crux of the DRC case again? we relinquished the north or something to do with Nigel's directorship at AJN?

Either way, I find it very hard to believe we can ever work with the drc again (although I hope we do)
 
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cruiser51

Top 20
Thanks mate

Appreciate the insights.

I'd love to know how you get the info, but would rather you keep that tight and offer up unofficial and unverified info to us in the first instance!
 
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Ben_Jovi

Member
Christmas present from the DRC might be nice
Ganfeng offtake was christmas time years ago, still waiting on the easter eggs
 
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Winenut

Go AVZ!
Oh well.....

I guess with AVZ we just have to concentrate on one fucked up Christian celebration at a time......
 
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Pokok

Regular
Oh well.....

I guess with AVZ we just have to concentrate on one fucked up Christian celebration at a time......
chinese food zhong guo cai GIF
 
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Pokok

Regular
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Winenut

Go AVZ!
sorry @Winenut its 8.30 in Java and the vodka had a part in me not finding a chinaman in a santa suit jumping out of a cake for your xmas gift
All good! :ROFLMAO:

I was being a little ironic, sarcastic and probably a bit cheeky with Ben_Jovi

Just having a bit of a play on the Christmas/Easter Egg thing with the history of AVZ:rolleyes:

For me I'm from a long line of white ignorant BS Anglo Christian fuck ups so now I'm happily and squarely in the camp of probably the athiests....no no no...the agnostics....no no no.....whatever you believe is okay...no that's not it.....

Good people of all faiths are good people

Good people are good people

Hopefully the good people here and in the DRC can help get this gamechanger over the line for the best outcome for everyone

Hold that Vodka!!!!

Hopefully I can share that with you soon ;):cool:
 
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Pokok

Regular
All good! :ROFLMAO:

I was being a little ironic, sarcastic and probably a bit cheeky with Ben_Jovi

Just having a bit of a play on the Christmas/Easter Egg thing with the history of AVZ:rolleyes:

For me I'm from a long line of white ignorant BS Anglo Christian fuck ups so now I'm happily and squarely in the camp of probably the athiests....no no no...the agnostics....no no no.....whatever you believe is okay...no that's not it.....

Good people of all faiths are good people

Good people are good people

Hopefully the good people here and in the DRC can help get this gamechanger over the line for the best outcome for everyone

Hold that Vodka!!!!

Hopefully I can share that with you soon ;):cool:
when this is over I will love to meet people like you and share vodka local ,all you will need is the air fair
 
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Thunderpony

27 µg per 100 mL
All good! :ROFLMAO:

I was being a little ironic, sarcastic and probably a bit cheeky with Ben_Jovi

Just having a bit of a play on the Christmas/Easter Egg thing with the history of AVZ:rolleyes:

For me I'm from a long line of white ignorant BS Anglo Christian fuck ups so now I'm happily and squarely in the camp of probably the athiests....no no no...the agnostics....no no no.....whatever you believe is okay...no that's not it.....

Good people of all faiths are good people

Good people are good people

Hopefully the good people here and in the DRC can help get this gamechanger over the line for the best outcome for everyone

Hold that Vodka!!!!

Hopefully I can share that with you soon ;):cool:
 
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Winenut

Go AVZ!
Did you want to say something there Pones?
 
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Dazmac66

Regular
Not sure who it was that suggested AVZ management would not be able to work with DRC government productively after court cases etc. I tend to disagree. All (shitfuckery) will be forgotten and never mentioned again - they will just simply look for the next opportunity to pocket some snacks. When AVZ is in construction and benefits start flowing to the government and the populace the ministers will hang their hat on AVZ and bask in the glory of the massive money making machine created under their portfolios. Do not apply our norms, morals and logic as they are worlds apart.
 
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Re the ICISD case, what are the direct resolutions/remedies we are hoping to get out of it?

I know the original announcement says:
... seek various remedies for the failure of the DRC and its administrative departments, to comply with obligations under the DRC Mining Code, in particular the implementation of the various measures that should have led to the issuance of an Operating Permit to Dathcom...

But what will be the actual outcomes?

-$$ Compensation for the whole mess and delays?
-Confirmation that they will review and issue the ML etc to Dathcom (which will be legally binding)
-Fast-track of fixing all the errors and getting a clean slate? (eg unwinding the PR13359 back to Dathcom and issuing the correct Surface Rights notice, so we can pay and play on?
-Some sort of high level overview/oversight of all the dealings moving forward to ensure they are within the law and framework?
-Some form of specialty team to deal with AVZ directly from the Mining/Admin perspective?
-Some form of goodwill gesture to compensate for the lost time and revenue?

Just curious on what kind of solid outcomes we might have, assuming it is in AVZ's/Dathcom's favour etc.
And if this is all binding, will it give us the path back to trading early in the new year, pending the ASX having a read and signing off.
 
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9cardomaha

Regular
Re the ICISD case, what are the direct resolutions/remedies we are hoping to get out of it?

I know the original announcement says:
... seek various remedies for the failure of the DRC and its administrative departments, to comply with obligations under the DRC Mining Code, in particular the implementation of the various measures that should have led to the issuance of an Operating Permit to Dathcom...

But what will be the actual outcomes?

-$$ Compensation for the whole mess and delays?
-Confirmation that they will review and issue the ML etc to Dathcom (which will be legally binding)
-Fast-track of fixing all the errors and getting a clean slate? (eg unwinding the PR13359 back to Dathcom and issuing the correct Surface Rights notice, so we can pay and play on?
-Some sort of high level overview/oversight of all the dealings moving forward to ensure they are within the law and framework?
-Some form of specialty team to deal with AVZ directly from the Mining/Admin perspective?
-Some form of goodwill gesture to compensate for the lost time and revenue?

Just curious on what kind of solid outcomes we might have, assuming it is in AVZ's/Dathcom's favour etc.
And if this is all binding, will it give us the path back to trading early in the new year, pending the ASX having a read and signing off.
Virtual hearing from Monday was for provisional measures to maintain the status quo - which translates to, orders to ensure no more shit fuckery until the ICSID has ruled on our request.

To that end, we would expect (before Christmas):
  • Suspension of PR 13359 and PR 15775.
  • No work to be done on 13359/15775 by any company other than Dathcom - Zijin is working on the north because 'the injunction is against Cominiere, so we can do what we want'.
  • Restrain the DRC from taking any administrative actions prejudicial to Dathcom's interests - no more going around ordering CAMI to update registry or anything else like that.
  • Daily penalty against anyone who is in breach - value of penalty please see ICC.
Pursuant to getting the provisional measures, we continue to play hardball and use the ICC and ICSID leverage to negotiate for what is rightfully ours.

DRC continue to ask us to drop all cases before negotiations... Herp no thank you.
But BOD would likely drop cases when the detractors offer up something resembling a fair offer - obviously some give and take from both sides. But no way in fucking hell would we ever preemptively drop cases on their 'goodwill'.

200.gif
 
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wombat74

Top 20
Virtual hearing from Monday was for provisional measures to maintain the status quo - which translates to, orders to ensure no more shit fuckery until the ICSID has ruled on our request.

To that end, we would expect (before Christmas):
  • Suspension of PR 13359 and PR 15775.
  • No work to be done on 13359/15775 by any company other than Dathcom - Zijin is working on the north because 'the injunction is against Cominiere, so we can do what we want'.
  • Restrain the DRC from taking any administrative actions prejudicial to Dathcom's interests - no more going around ordering CAMI to update registry or anything else like that.
  • Daily penalty against anyone who is in breach - value of penalty please see ICC.
Pursuant to getting the provisional measures, we continue to play hardball and use the ICC and ICSID leverage to negotiate for what is rightfully ours.

DRC continue to ask us to drop all cases before negotiations... Herp no thank you.
But BOD would likely drop cases when the detractors offer up something resembling a fair offer - obviously some give and take from both sides. But no way in fucking hell would we ever preemptively drop cases on their 'goodwill'.

200.gif
Are you expecting China/Cominiere to follow ICSID orders ?
 
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cruiser51

Top 20
Are you expecting China/Cominiere to follow ICSID orders ?
I thought ICSID case was vs DRC, it is up to DRC to implements its laws if instructed by ICSID.

Sooo DRC will have to tell Zijin to take a hike.
 
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Thaz

Regular
Daily penalty against anyone who is in breach - value of penalty please see ICC.
I'm reading this as we get penalties from Cominiere, Zijin, et al for breaches per entity?

I think from memory, current penalty rates is $100K per Day... so it could be $200K per day for both entities?!
 
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9cardomaha

Regular
Are you expecting China/Cominiere to follow ICSID orders ?
China found a loophole in what we got at ICC - slimy fucks but technically not breaking the law. Cominiere on the other hand are retarded, but that is back firing and DLA already submitting snippets of 'Cominiere's great work on the site' which is damaging to Faksen's claim that Z is not in breach and conducting all the work by themselves....

ICSID providing the blanket measure to cover everything would stop Z in their tracks IMO.
 
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9cardomaha

Regular
I'm reading this as we get penalties from Cominiere, Zijin, et al for breaches per entity?

I think from memory, current penalty rates is $100K per Day... so it could be $200K per day for both entities?!
You are correct, but its the JV (singular) that is in breach so 100K from the JV per day. One caveat to this, it is possible that ICSID supercedes ICC, so ICC penalties stop ramping up and we only have ICSID measures going forward. but as i pointed out above, this is far better than just having ICC injunctions in place because Z don't give a flying fuck.
 
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