AVZ Discussion 2022

[Winenut]

Sounds like we won the jurisdictional challenge woot

Zijin's Case Against Australia's AVZ Over Stake in Manono Project to Be Heard in DRC Court

www.yicaiglobal.com

(Yicai) March 18 -- The dispute between a unit of Chinese mining giant Zijin Mining and Australia's AVZ Minerals over an unrecognized stake in the Manono lithium-and-tin project in the Democratic Republic of Congo will be heard by a DRC court, rather than the International Chamber of Commerce Court of Arbitration.

The ICC released its decision that it does not have jurisdiction to hear the case between Jincheng Mining and AVZ, Fujian province-based Zijin Mining announced today.

JCM launched an ICC case against AVZ in May 2022 after the Australian company failed to recognize Zijin Mining's purchase of a stake in Dathcom Mining, a joint venture controlled by AVZ which was granted the mining rights to the Manono project by the DRC government.

"This decision does not reflect on the merits of our case, but rather a redirection of legal proceedings," said Chen Chen, Zijin Mining's in-house legal counsel. “It signifies the ICC's inability to hear the matter at this time, which will now be raised in the local legal jurisdiction of the DRC.”

Zijin Mining remains confident in its ability to uphold the rights of all stakeholders involved and to ensure a fair resolution to this dispute through the DRC legal system, the company noted.

The Manono project is one of the world's largest lithium-rich LCT (lithium, cesium, tantalum) pegmatite deposits.

Dathcom was founded in 2016, with AVZ holding 60 percent, DRC government-owned Cominière 25 percent, and Dathomir Mining Resources the remaining 15 percent.

Zijin Mining kicked off negotiations with Cominière in June 2021 to acquire a 15 percent stake in Dathcom. The deal was inked and approved by the local government in November 2021.

However, after Zijin Mining's announcement of the deal, AVZ refused to acknowledge the Chinese company as a shareholder of Dathcom. Therefore, JCM launched an ICC case against AVZ over the validity of the stake it acquired in Dathomir in May 2022.

WTF are you saying here???

It seems the absolute opposite to what we're after

 

[Winenut]

WTF are you saying here???

It seems the absolute opposite to what we're after

It heads back to the DRC courts because ICC don't have jurisdiction.

I get the technicalities but fuck me

Send it back to the DRC??? Celestin's wife, corrupt fucking courts, brown paper bags!!!!

You have to be fucking kidding

I get Jin Cheng don't get a win at the ICC but the fucking wash up is like winning the fucking golden trophy then you have to drink liquid fucking shit from it on the podium

 

[obe wan]

WTF are you saying here???

It seems the absolute opposite to what we're after

ICC don’t have jurisdiction to hear it , as Zijin aren’t on the Dathcom registery ; they have no claim just like AVZ have said all along .

Zijin can go back and try the DRC route , but ICC have basically confirmed they are not on the registery / not a shareholder of Dathcom ; then we have that AVZ V Cominere decision to come which I’d assume Zijins avenue through DRC courts could only happen after that decision is announced ; cominieres chances of winning that after whats just happened here, would be paper thin.

They can’t really get a DRC hearing if Cominiere have been proved to be a lying bunch of pricks who couldn’t even sort out a register for their friends Zijin and who have basically wasted everyone’s time.…( wasting time was also an intent )

If this Chinese version is out now, then highly likely we’ll have an announcement in the morning ; no doubt it will read a bit clearer than this Chinese sourced article

Roll on cominiere

 

[Winenut]

Anyone thought for a second that Jin Cheng/Zijin "wanted" the ICC to find they don't have jurisdiction on the matter so it ensured the case is heard back in the "good old DRC/brown paper bag land" where influence can be easily bought and ministers, bureaucrats and more importantly "judges" decisons are just a stack of Yuan away?

Maybe Celestin's wife can preside over the court in this matter as she has in others before

Fuck me....

 

[BEISHA]

Sounds like we won the jurisdictional challenge woot

Zijin's Case Against Australia's AVZ Over Stake in Manono Project to Be Heard in DRC Court

www.yicaiglobal.com

(Yicai) March 18 -- The dispute between a unit of Chinese mining giant Zijin Mining and Australia's AVZ Minerals over an unrecognized stake in the Manono lithium-and-tin project in the Democratic Republic of Congo will be heard by a DRC court, rather than the International Chamber of Commerce Court of Arbitration.

The ICC released its decision that it does not have jurisdiction to hear the case between Jincheng Mining and AVZ, Fujian province-based Zijin Mining announced today.

JCM launched an ICC case against AVZ in May 2022 after the Australian company failed to recognize Zijin Mining's purchase of a stake in Dathcom Mining, a joint venture controlled by AVZ which was granted the mining rights to the Manono project by the DRC government.

"This decision does not reflect on the merits of our case, but rather a redirection of legal proceedings," said Chen Chen, Zijin Mining's in-house legal counsel. “It signifies the ICC's inability to hear the matter at this time, which will now be raised in the local legal jurisdiction of the DRC.”

Zijin Mining remains confident in its ability to uphold the rights of all stakeholders involved and to ensure a fair resolution to this dispute through the DRC legal system, the company noted.

The Manono project is one of the world's largest lithium-rich LCT (lithium, cesium, tantalum) pegmatite deposits.

Dathcom was founded in 2016, with AVZ holding 60 percent, DRC government-owned Cominière 25 percent, and Dathomir Mining Resources the remaining 15 percent.

Zijin Mining kicked off negotiations with Cominière in June 2021 to acquire a 15 percent stake in Dathcom. The deal was inked and approved by the local government in November 2021.

However, after Zijin Mining's announcement of the deal, AVZ refused to acknowledge the Chinese company as a shareholder of Dathcom. Therefore, JCM launched an ICC case against AVZ over the validity of the stake it acquired in Dathomir in May 2022.

 

[Winenut]

ICC don’t have jurisdiction to hear it , as Zijin aren’t on the Dathcom registery ; they have no claim just like AVZ have said all along .

Zijin can go back and try the DRC route , but ICC have confirmed they are not on the registery ; then we have that AVZ V Cominere decision to come which I’d assume Zijins avenue through DRC courts could only happen after that decision is announced ; cominieres chances of winning that after whats just happened here, would be paper thin.

They can’t really get a DRC hearing if Cominiere have been proved to be a lying bunch of pricks who couldn’t even get sort out a register for their friends Zijin and who have basically wasted everyone’s time .

Roll on cominiere

Did they confirm Zijin/Jin Cheng (whateva) are not on the Dathcom registery or did the ICC simply confirm they don't have any fucking jurisdiction in the matter whatsoever?????

ie .... like ....well....ummm.....we really like what everyone's got to say but ....well....ummm......but .......ummm......it's really "nothing to do with us"

 

[BEISHA]

It heads back to the DRC courts because ICC don't have jurisdiction.

I get the technicalities but fuck me

Send it back to the DRC??? Celestin's wife, corrupt fucking courts, brown paper bags!!!!

You have to be fucking kidding

I get Jin Cheng don't get a win at the ICC but the fucking wash up is like winning the fucking golden trophy then you have to drink liquid fucking shit from it on the podium

 

[cruiser51]

The only source we have so far is a Chinese owned news outlet that is only quoting Zijin's lawyers and hasn't provided a copy of the decision or offered a right of reply to AVZ. They said this was announced by Zijin but there is nothing on their English website so far that I can see. But it would be an extremely strange thing for them to fake this story and given Tommy's retraction of the words 'bad news' in his tweet today my spidey senses tell me something good has happened.

Hopefully we get an announcement with more detail imminently as indicated last week. The key detail is the reasoning given by the ICC. But we wanted it thrown out on jurisdiction and Zijin didn't so chances are they just got fucking pineappled. As for the idea that they could then go back through the back alley DRC court system I would imagine that will be 'spurious and without merit'. It certainly isn't in the Dathcom JVA and isn't working out well so far for Cominiere and Dathomir imo

 

[cruiser51]

Anyone thought for a second that Jin Cheng/Zijin "wanted" the ICC to find they don't have jurisdiction on the matter so it ensured the case is heard back in the "good old DRC/brown paper bag land" where influence can be easily bought and ministers, bureaucrats and more importantly "judges" decisons are just a stack of Yuan away?

Maybe Celestin's wife can preside over the court in this matter as she has in others before

Fuck me....

Sorry nut, you are not on my 'to be fukked list'.
You can wait till AVZ is US$12 and it still won't happen.
I'll have a shiraz with you, even 12 of these

but that is as far as the friendship goes.
Capiche? No fukkin hanky panky!

Fuk Zijin from every possible angle.

 

[Pokok]

View attachment 59339

Yes 2.30am ,, yes WTF am i still awake

 

[cruiser51]

The only source we have so far is a Chinese owned news outlet that is only quoting Zijin's lawyers and hasn't provided a copy of the decision or offered a right of reply to AVZ. They said this was announced by Zijin but there is nothing on their English website so far that I can see. But it would be an extremely strange thing for them to fake this story and given Tommy's retraction of the words 'bad news' in his tweet today my spidey senses tell me something good has happened.

Hopefully we get an announcement with more detail imminently as indicated last week. The key detail is the reasoning given by the ICC. But we wanted it thrown out on jurisdiction and Zijin didn't so chances are they just got fucking pineappled. As for the idea that they could then go back through the back alley DRC court system I would imagine that will be 'spurious and without merit'. It certainly isn't in the Dathcom JVA and isn't working out well so far for Cominiere and Dathomir imo

As far as I understand, In the Dathcom JV between AVZ, Dathomir and Cominière it states clearly that any disagreement between the JV partners has to be resolved by the ICC.
Jin Chen illegally bought 15% of Dathcom and thinking they were now a Dathcom JV partner raced to the ICC to complain about AVZ, because AVZ simply did not recognise them as a JV partner.
So if the ICC says to Jin Chen: sorry guys, we cannot discuss your problem, it actually means Jin Chen is not a JV partner.

However the Chinese kunties kept on playing this game, while they knew they had bucklies to win it, to drag the case and AVZ finances out.

At the same time Zijin made the illegal deal with Cominière to first remove Dathcom from 13359 followed by splitting 13359 up and Zijin acquired 61% of the northern section, which included the water resource, the camp AVZ built, the library of all the drilling cores ond on top of that they progressed with the revamp of the MP power station to make sure that AVZ was properly and royally fucked over.
DRC/Cominiere is now claiming AVZ did not progress fast enough, however AVZ could not move forwards without a Mining License, which the MoM and cohorts very nicely did not provide, because AVZ is not in a situation to hand out brown paper bags.
Australian registered companies who partake in that type of activities can be penalised in Australia. Most Australian companies have it written in their Code of Conduct.

How this will progress is interesting, but AVZ legal reps have always said Zijin, Cominierie, Dathomir and DRC Government officials are operating in contravention of DRC law.
To this point AVZ has not been proven wrong.

Go AVZ fukkin GO!

 

[Mr_Tones83]

Before everyone panics... Zijin/Jin Cheng not having jurisdiction at ICC is what we wanted declared. We asked for the case to be split into 2 parts - jurisdiction and merits because we knew the case would be quashed on jurisdiction and no need for merits to be heard (7SUR7.CD claims that ICC wouldn't deal with issues of corruption etc. because AVZ lost, this is not the case, it just comes under merits and not jurisdiction).

This means a few things:
- ICC will still deal with the stake purportedly sold by Cominiere to Jin Cheng as this was wrongdoing by Cominiere who is a valid JV partner. This is part of AVZ's separate case against Cominiere.
- The combined case of damages brought by Jin Cheng and Cominiere at ICC will also be done on no jurisdiction due to Jin Cheng not being a JV partner.

The Chinese will always put their spin on the outcome, but we have seen their BS in the past. 7SUR7.CD has always been linked to Kibeya's propaganda, so don't listen to their lies.
Tommy will probably also just quote Zijin.
Wait to hear what the company has to say about it all before jumping to conclusions.

 

[marksmann007]

So basically it took the ICC 6 months to conclude what AVZ knew immediately and have said all along, Zijin / Cheng had no jurisdiction at ICC.

 

[Doc]

So basically it took the ICC 6 months to conclude what AVZ knew immediately and have said all along, Zijin / Cheng had no jurisdiction at ICC.

Its not Zijin's first rodeo. They know how to keep delaying.
Hoping Cruiser is right, JVA states disputes must be settled at ICC so looks like zijin will be chasing its own tail for a while

 

[BenGriffo]

Agree with a few opinions of Cruiser, obe, Carlos, tones. A bad day to be a corrupt regime or a crooked state sponsored actor. Devil will be in the details but couple this with the expected outcome/action from Dathomir case and some significant moves have been made on the chessboard. Jcm can go local but local don’t have jurisdiction of the jva. Comm don’t pay when liquidation of fine happens and it’s v bad from an optics and pressure pov for all remaining cases given they have all been linked pretty conclusively together.

Allow yourselves a smile this morning my friends. Plums are feeling good. Looking fwd to the Ann if/when it arrives.

 

[LOCKY82]

This outcome is being interpreted like a victory by each side, can someone please explain to me like I just learned the English language what the result actually means and what the next steps likely are from both camps? Thanks in advance

 

[Cumquat Cap]

Major loss for Zijin who brought this on, we’re told they aren’t a shareholder and hence cannot bring ICC into the fold. Zijin like cowards will never accept/acknowledge a loss so they’re saying it’s back through the courts at DRC which hold no Wright or value as JV stipulates. Zijin will have to pay avz’ legal fees also the dumb cunts. Don’t listen to 7sur it’s paid Chinese propaganda

 

[Dazmac66]

This outcome is being interpreted like a victory by each side, can someone please explain to me like I just learned the English language what the result actually means and what the next steps likely are from both camps? Thanks in advance

Read the last 2 pages brother!

 

[Azzler]

Chilax bruthas and muthas!

You're just seeing china's damage control panic spin doctoring.
Get their bullshit report on the case out first, inform all their scumbag allies like Tommy.

Hilarious that they phrase it like the ICC not having enough authority to rule on the case.

Wait for the announcement, there's gonna be good shit in it I hear.

Then lets give them all hell on twitter!

 

[wombat74]

It just shows us how f--ked up the legal system/process is . How was this case given the green light to go ahead in the first place ? It has no grounds to even is exist .The fight is between AVZ and Cominiere who illegally sold the 15% .