AVZ Discussion 2022

[Mr Clean]

Yes you are correct, there was no running from the ICSID for Pakistan.

Pakistan was in a whole lot better economic situation than what DRC is at the moment. Pakistan almost lost Roosevelt Hotel (Manhattan) that is owned by the Pakistan International Airline (PIA) when ICC/ICSID started to confiscate their foreign assets and putting a stop at World Bank aid.

Does the DRC have any assets that can be seized in the US or Europe?

I think the DRC state will remain a belligerent entity to us for the remaining part of our cases against them as they are incompetent to see their own deep-seated corruption (within various entities) or actually completely corrupt themselves. Possibility of a Chinese buyout, but probably a higher chance this will go the full duration in the courts. Hoping there is some light at the end of this horrible situation

 

[cruiser51]

“As the Arbitral Tribunal has already emphasized, the interim measures recommended in this context are binding on the Democratic Republic of the Congo, which is the Respondent in the present proceedings, and which cannot be dissociated from its organs, administrations or authorities taken individually.​

The principle of the unity of the State in fact implies that each of the organs, administrations and authorities of the Democratic Republic of the Congo is directly bound by the obligations, procedural or substantive, incumbent on the Defendant.​

It is therefore incumbent on the various bodies and authorities of the Democratic Republic of Congo, each acting directly and within its own sphere of competence, to implement the interim measures ordered by the Arbitral Tribunal in order to preserve the integrity of the present arbitration proceedings.​

With this in mind, the Arbitral Tribunal also notes that the difficulties alleged by the Democratic Republic of Congo in implementing the interim measures recommended in paragraphs 156(1) and 156(2) of Procedural Order No. 3 are not such as to justify noncompliance with these measures.”​

“The Arbitral Tribunal thus firmly reaffirms its decision on the interim measures recommended in paragraphs 156(1) and 156(2) of Procedural Order No. 3, together with the conditions attached thereto, and reminds the Defendant of its obligation to implement them effectively and without delay.”​

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[Retrobyte]

Does it come in a canvas print?

or a tshirt?

 

[Retrobyte]

I am bouyed by the latest announcement about the litgation. I feel pressure is building on Felix to kick Celestine down the road, rather than have sanctions and asset freezes implemented against the DRC by other countries where DRC assets are held. I am hopeful that FT will throw Cominiere under the bus at some point instead of getting pineappled by the World Bank.

 

[taofufa]

Given they can't enforce the financial penalty , is locke the only options we are looking at ?

 

[Sammy_da_Smile]

I am bouyed by the latest announcement about the litgation. I feel pressure is building on Felix to kick Celestine down the road, rather than have sanctions and asset freezes implemented against the DRC by other countries where DRC assets are held. I am hopeful that FT will throw Cominiere under the bus at some point instead of getting pineappled by the World Bank.

 

[Mr_Tones83]

Given they can't enforce the financial penalty , is locke the only options we are looking at ?

Different arbitration... ICC financial penalties are against Cominiere.
It's the ICSID that isn't able to enforce financial penalties against DRC govt for interim measures only.

 

[Rediah]

Does the DRC have any assets that can be seized in the US or Europe?

I think the DRC state will remain a belligerent entity to us for the remaining part of our cases against them as they are incompetent to see their own deep-seated corruption (within various entities) or actually completely corrupt themselves. Possibility of a Chinese buyout, but probably a higher chance this will go the full duration in the courts. Hoping there is some light at the end of this horrible situation

DRC signed with the Office of Foreign Asset Control (OFAC) since 2005/06.

“….OFAC administers a number of U.S. economic sanctions programs. OFAC sanctions programs can range from being comprehensive in nature, such as a program that blocks the entire government of a country and includes broad geographically-based trade restrictions, to being fairly limited, such as a program that targets only specific individuals and entities….”

So, When AVZ can prove that people at their individual levels are involved in corruption at the highest level, taken bribes etc, their foreign assets can be seized as well, plus prison time under OFAC program.

I am sure before going to ICC and ICSID, BoD would have weigh in all their options. And if this whole excercise is going to be a formality where DRC won’t comply, I am sure BoD would have looked for other avenues to sort this

 

[Flekman11]

So we'll need to go full ICSID to enforce penalties ?

You went full ICSID. Never go full ICSID.

Having said that, it’s the best option to force hands. It’s really the only option.

 

[oxxa23]

“Don’t offend him” he contacted me too, can you believe this fucker’s response to me when I replied to him


View attachment 62764

Hi Dave, appreciate your efforts... but, are you sure posting that on x is wise?

 

[Frank]

 

[Dave Evans]

Hi Dave, appreciate your efforts... but, are you sure posting that on x is wise?

Took it down mate

 

[Frank]

 

[Frank]

 

[cruiser51]

 

[Hodlandwin69]

Did Pauline Hanson ever get back to anyone ?

 

[Winenut]

Did Pauline Hanson ever get back to anyone ?

Yeah.....her hairdresser and elocution teacher

All failed to respond

 

[Thaz]

Yeah.....her hairdresser and elocution teacher

All failed to respond

 

[Rediah]

Those who are looking for these secret buyers please take note.

x.com

x.com

 

[RHyNO]

Anyone else in commsec still seeing their shares? I can still see my holding which I assumed would disappear, this is probably a chess thing?