AVZ Discussion 2022

[Xerof]

@Carlos Danger and/or @9cardomaha

One matter that still irks me:

The original case to ICC concluded that Jin Cheng was not a shareholder in DATHCOM etc etc, which according to announcements they were appealing to the Paris Court of Appeal. (this despite all the evidence that they seemingly gave it up and instead gave some crook a cheque for 70m which gave them the JV on 15575. Haha, what a shitfuckery thats turning into)

I read somewhere that they have yet to file their papers, and I read somewhere else that they only have a drop dead date this month sometime to actually file.

My question is if they aren't a SH in Dathcom, how come all these other cases are still live and progressing, i.e. the fucking rejoinder to bring Cong/Kabila via Dathomir into the frame as well. Is it simply because unless, or until, their appeal is dropped or dismissed, everything continues as if the ICC finding isn't yet set in concrete?

 

[Frank]

Media coverage is crucial. When journalists and influencers cover our story, engaging with and amplifying their work increases the chances they’ll cover us again.

“But I don’t want to make an X account—I can’t stand Musk!” you might say.

In a few months, you might feel differently about him. Make the account.

If you’ve been on the sidelines for the past three years, now is the time to get in the game.

Ditto Bro - Couldn't agree more with that first and last sentence ( Media coverage is Crucial - Get in the Game )

Fyi, I did have a Twitter Account ages ago, but pissed it off due to so many Women harassing Me

Then i realised i could use an old Gmail account which works just fine

Food for thought

Cheers

Frank

 

[cruiser51]

But there is more....

337.4 Consequently,

CONDEMN Cominière to pay AVZ!, on behalf of the Claimants, the total amount of the astreintes,
the cumulative total of which as at December 31, 2023 amounted to 39,400,000 euros^,
or any other sum set by the Arbitral Tribunal, in respect of the partial liquidation of the astreintes ordered under the terms of the Order of May S, 2023 and the Order of

November 15, 2023 (amount to be perfected on the date of the pronouncement of the partial award to be made);

I hope they got the fukkin 000's right, however this cumulative total stood at 39,400,000 Euros at December 31, 2023.

Just a minor point.

 

[Frank]

https://x.com/JasonBlundell76/status/1900549522901594482

https://x.com/Matt_Kilpatrick/status/1900428017924792653

 

[cruiser51]

But there is more....

337.4 Consequently,

CONDEMN Cominière to pay AVZ!, on behalf of the Claimants, the total amount of the astreintes,
the cumulative total of which as at December 31, 2023 amounted to 39,400,000 euros^,
or any other sum set by the Arbitral Tribunal, in respect of the partial liquidation of the astreintes ordered under the terms of the Order of May S, 2023 and the Order of

November 15, 2023 (amount to be perfected on the date of the pronouncement of the partial award to be made);

I hope they got the fukkin 000's right, however this cumulative total stood at 39,400,000 Euros at December 31, 2023.

Just a minor point.

Does ICSID take also pain and suffering in account?

The amount of gin I had to consume to numb my brain is mind boggling, no wonder I fuk up with the 000's.

 

[BEISHA]

US confirms its critical minerals agenda as fallen miner AVZ chases an improbable African prize
Brad Thompson

The US wants to boost “responsible and transparent” development of critical minerals assets in the Democratic Republic of Congo, where a stricken Australian explorer, AVZ Minerals, has fought to regain control of a lithium deposit it claims was unlawfully seized by a Chinese company.

The Trump administration is set to intervene on behalf of AVZ to ensure the lion’s share of the Manono lithium project stays out of Chinese hands, The Australian revealed on Wednesday, and may also wade into a separate dispute over copper and cobalt mines owned by Chemaf Resources.

The White House is open to striking a critical minerals pact with the DRC in return for security in a move that risks antagonising China, given the extent of its interests in the resource-rich central African economy.

DRC president Felix Tshisekedi hopes to broker a deal with the US to resolve a conflict with Rwandan-backed M23 rebels.

In response to questions from The Australian, the US State Department acknowledged the DRC was endowed with a big share of the world’s critical minerals required for advanced technologies in defence and electrification.

“The US is open to discussing partnerships in this sector that are aligned with the Trump administration’s America First Agenda under the Unleashing American Energy executive order,” a State Department spokesman said.

“The US has and continues to work with our DRC partners to boost US private sector investment in the DRC to develop mining resources in a responsible and transparent manner that contributes to the strength and prosperity of both the DRC and the US.

“Partnerships with US companies will strengthen both US and DRC economies, create higher-skilled jobs and integrate the country into regional and global value chains.”

The US is likely to insist that at least the southern part of the disputed Manono project is returned to AVZ on the understanding the embattled company will then sell the asset to a US entity.

Any US intervention is geopolitically sensitive given one of China’s biggest miners, Zijin, is developing the project and on track for first production of lithium early next year.

US authorities consider Zijin a state-controlled company and are understood to favour allowing it to keep control of the northern part of Manono in an attempt to minimise the backlash from China.

AVZ maintains it has legal rights to all of Manono even though the DRC has split the licence and Zijin has forged ahead in the north. The Australian company is pursuing its claim before the International Court of Arbitration and the International Centre for Settlement of Investment Disputes, but previous rulings in its favour have been ignored.

Meanwhile, Australian Federal Police raided the company’s offices in December investigating alleged bribery, which AVZ denies.

The White House wants any sale of the Manono asset to not be complicated by AVZ’s residual links to China’s CATL, the world’s biggest electric vehicle battery manufacturer, which in January provided $US20m in funding to AVZ.

AVZ was delisted from the ASX in 2024 after its shares were suspended in May 2022.

In the same month, the US effectively blackballed CATL when the Department of the Defence designated it as a “Chinese military company”. CATL is fighting this declaration and denies ever engaging in any military-related business or activities.

AVZ was once valued at $4.6bn but has no listed presence after it lost control of what it touted as the world’s biggest lithium deposit. It had 21,000 shareholders.

The US may also intercede in the future of DRC company Chemaf, to stop China’s Norinco extending its interests in copper and cobalt mines. DRC state-owned miner Gecamines has offered to buy Chemaf to stop Norinco. Norinco already owns the Comika and Lamikal mines in the DRC in partnership with Gecamines, but has been sanctioned by the US since 2021.

DRC businessman and physicist Jean Bele said his home country was walking a tightrope between two superpowers but needed to get maximum value from its critical minerals assets.

Mr Bele said he expected US investment in bring higher standards and greater benefits to the economy, and criticised the actions of Chinese miners.

“US investment require the respect of the environment, of human rights, and the many other things. Chinese investment is not doing that now,” he said. “US investment will help to make sure that good people come to the country and respect the country’s law.

“Chinese, sometimes they are coming here and they just don’t care about the legislation. They just come and they try to bribe people to get whatever they need. That’s not good.”

Asked if the DRC could balance competing US and Chinese interests in critical minerals, Mr Bele – regarded as an unofficial adviser to the government – said it didn’t have a choice. “It is a very tricky situation,” he said.

In the same month, the US effectively blackballed CATL when the Department of the Defence designated it as a “Chinese military company”. CATL is fighting this declaration and denies ever engaging in any military-related business or activities.

Some posters think US will appease CATL( in their quest to obtain Manono) by inviting them to set up a manufacturing battery hub in the US, the above statement appears to counter such a thought.

Interesting times.

 

[Frank]

https://x.com/AudreH_/status/1900447505680392462

https://x.com/AshleeLaur39941/status/1900509416774152488

https://x.com/saltygreek/status/1900538314093928456

https://x.com/DominicFurfaro/status/1900659568193228854

 

[Frank]

In the same month, the US effectively blackballed CATL when the Department of the Defence designated it as a “Chinese military company”. CATL is fighting this declaration and denies ever engaging in any military-related business or activities.

Some posters think US will appease CATL( in their quest to obtain Manono) by inviting them to set up a manufacturing battery hub in the US, the above statement appears to counter such a thought.

Interesting times.

How Washington's tag on China's CATL could affect Tesla​

• Pentagon listing of CATL could impact future Tesla battery partnerships
• Designation could deal a blow to CATL's reputation in U.S.
• CATL denies military links, calls U.S. designation a mistake

Washington's addition of CATL to a list of firms it says work with China's military could put Tesla founder Elon Musk in a tight spot, challenging how he balances his role in the Trump administration with his ties to China.

CATL, the world's largest battery maker, is a major supplier of lithium iron phosphate (LFP) batteries to Tesla for its Shanghai factory, the U.S. automaker's largest.

Tesla has been exporting these cars equipped with CATL batteries to other markets such as Europe and Canada.

Tesla and CATL are working on an agreement to license CATL technology for battery production in Nevada.

A person familiar with the matter said that the deal is expected to launch in 2025.

CATL is also set to supply battery cells and packs to Tesla's Shanghai plant for Megapack, its energy storage product, people familiar with the matter said.

The two are also in talks over how CATL can increase its supplies as the Megapack business grows.

 

[BEISHA]

We all become multi millionaires!!

i thought you were not counting your chickens before they hatched ?

 

[BEISHA]

ICC Tribunal Decision Against Cominière to Liquidate an Accrued Penalty of €39M and Response to Media Speculation AVZ Minerals Limited (AVZ or Company) is pleased to report that the ICC tribunal, in case ICC No. 27720/SP, has handed down a Partial Award, dated 10 March 2025, in respect of the liquidation of the accrued penalties for Cominière's non-compliance with the emergency orders, and ordered that Cominière pay a penalty of €39,125,000 plus interest (at the French legal interest rate). Click here to read the full announcement. This announcement was authorised for release by the board of directors of AVZ Minerals Limited. For further information, visit www.avzminerals.com.au or you can contact the Company via telephone +61 8 6186 7600 or email admin@avzminerals.com.au

What a wonderful feeling to see KARMA turn full circle......

 

[Charbella]

Thanks JAG

Interestingly, page 31 of this document shows AVZ's monetary claim:

In its counter, Cominiere asked that the ICC arbiter WITHDRAWS the requests made by the Applicants in paragraphs
488.14 to 488. y 6 of the Statement of Claim seeking an award of damages in the amount of $9,417,500,000.00 USD as unfounded;

$US9,417,500,000.00 USD is approximately $AU15 billion ($AU4.28/share)

I know there are many moving parts to this arbitration, and it still has a way to go, but this is the first time I have seen an official dollar figure put on AVZ's claim.

Cheers
F

AVZ is requesting compensation as follows:

1. General Damages: AVZ and its affiliates (GLH and Dathcom) have requested an amount to be determined for damages resulting from the delays in starting the Manono Project due to Cominière's contractual breaches.
2. Specific Claims:
   • USD 6.243 billion to compensate for the complete destruction of the value of the Manono Project.
   • USD 2.081 billion to Dathcom for losses related to the same destruction.
   • USD 1.0935 billion for the breach of AVZ's right of first refusal.
   • USD 394,400 for legal costs incurred in protecting their interests in Congolese courts.
3. Additional Requests:
   • An amount to be determined for reputational damage.
   • Full reimbursement of arbitration costs, attorney fees, and all related expenses.
   • Interest at the French legal rate with anatocism (compound interest) from 15 days after the notification of the award.

 

[BEISHA]

If it hasn't been noted before it means Dathomir will be joining with Cominiere and Jin Cheng / Zijin in proceedings against AVZI accusing us of breaches of the Dathcom JVA

That's my take on it

Happy for @Xerof to correct me!

and none of them have a case.

 

[wombat74]

AVZ is requesting compensation as follows:

1. General Damages: AVZ and its affiliates (GLH and Dathcom) have requested an amount to be determined for damages resulting from the delays in starting the Manono Project due to Cominière's contractual breaches.
2. Specific Claims:
   • USD 6.243 billion to compensate for the complete destruction of the value of the Manono Project.
   • USD 2.081 billion to Dathcom for losses related to the same destruction.
   • USD 1.0935 billion for the breach of AVZ's right of first refusal.
   • USD 394,400 for legal costs incurred in protecting their interests in Congolese courts.
3. Additional Requests:
   • An amount to be determined for reputational damage.
   • Full reimbursement of arbitration costs, attorney fees, and all related expenses.
   • Interest at the French legal rate with anatocism (compound interest) from 15 days after the notification of the award.

• "Full reimbursement of arbitration costs, attorney fees, and all related expenses."

This alone will f--k Cominiere .

 

[Dave Evans]

We’ve had more media coverage in the past 24 hours than in the last three years—so let’s keep the momentum going.

I’ve linked all the coverage below, and I expect even more in the next 48 hours, I will keep this updated:

• Mining.com: AVZ Minerals scores legal victory against Congo over disputed lithium mine
• Mining weekly: Australia's AVZ Minerals scores legal victory against Congo over disputed lithium mine
• Reuters: Australia's AVZ Minerals scores legal victory against Congo over disputed lithium mine
• The Australian: US posture on Aussie lithium miner to raise heat with China (Paywall)
• The Australian: AVZ breaks silence over US talks on Congo lithium project (Paywall)
• Finimize: AVZ Minerals Triumphs In Battle For Manono Lithium Rights
• The Advertiser: Aussie lithium explorer scores an international court legal victory over DRC and Chinese claim
• Bloomberg: Congo State Miner Must Pay €39 Million to Australia's AVZ in Lithium Dispute (Paywall)
• Herald Sun: US confirms its critical minerals agenda as fallen miner AVZ chases an improbable African prize
• Herald Sun: Aussie lithium explorer scores an international court legal victory over DRC and Chinese claim
• MSN News: Australia's AVZ Minerals scores legal victory against Congo over disputed lithium mine
• Courier Mail: Trump challenge lifts the hopes of a great escape for troubled lithium company AV
• Channel Africa: Australia's AVZ Minerals scores legal victory against DRC over disputed lithium mine
• Discovery Alert: AVZ Minerals Secures Legal Victory in Congo Lithium Dispute
• Discovery Alert: AVZ Minerals Wins Landmark Legal Battle Over DRC Lithium Project
• Engineering News: Australia's AVZ Minerals scores legal victory against Congo over disputed lithium mine
• Electionnet: DRC/Lithium de Manono: the country loses against AVZ Minerals, Cominière must pay €39.1 million
• AFR: (I could not verify there are any actual journalists working here)

Media pressure works. It’s the fastest way to get legislative attention, and right now, we have it.

Got a quiet weekend? No you don't.

Your mission for the next 48 hours:
Amplify this message everywhere. Share it on X (Twitter), investment forums, Facebook comments, group chats, Discord investment servers, Reddit (r/stocks, r/investing, r/wallstreetbets, r/asx_bets, r/mining, r/lithium, r/australia.) , LinkedIn even message your old high school crush.

More engagement = more coverage = more pressure.

Get active and get in the fight.

It looks like Reuters is the leading and most trusted source of news and the Mining Media sourced, then copied and pasted the information from Reuters so Reuters might be the best to try and follow up with.

Specifically the following people who reported and edited the AVZ win

Reporting by Aaditya Govind Rao in Bengaluru; Editing by Vijay Kishore

It’s a pity Sonia Rolley (with her 793 thousand followers) wouldn’t help us. I and others on X tried to draw her attention to our project and the corruption but she never replied

https://x.com/soniarolley

 

[cruiser51]

Ohh, la, la

Master Christian gets a Guernsey too !

There is much to be found and absolutely worth reading.

My conclusion.....
Cominière and CKK are tolately and royally fukked.

9. The new facts invoked by the Defendant (Cominière) in its letter of October 25 2024

A. The dispute with Maître Christian Lukusa/Cabinet Momentum Attorneys & Advisors

915.
The Arbitral Tribunal notes that the new documents filed by the Respondent on October 25, 2024, in particular exhibits R-326, R-329 and R-330, and by the The plaintiffs (AVZI) on October 30, 2024, particular exhibits DM-305, DM-306 and DM- 308, show that there is ongoing litigation in the DRC between AVZI and its former lawyer Maître Christian Lukusa in connection with an escrow amount of USD 20 million which he was mandated to hold for AVZI in an escrow account.

916.
This is not disputed by AVZI, which states that it was forced to terminate Christian Lukusa's representation and file a formal criminal complaint against him for breach of trust, and forgery on September 30, 2024.

917.
In this context, a press article was published in Iigne on mines.cd on October 20, 2024 entitled "Démenti, droit de réponse et clarifications sur les accusations portées contre Me Christian Lukusa". This article was referred to by the Defendant in its letter of October 25, 2024, but produced by the Plaintiffs as Exhibit DM -308.

918.
In this article, Ple Christian Lukusa alleges, among other things, that AVZI's directors made false declarations in connection with the partial waiver PR 13359 and failed to pass on the "true amounts" in the case of the "Media consultant".

919.
The dispute between AVZI and its former lawyer is pending and has not yet been adjudicated, so that the Arbitral Tribunal cannot take any position on the acts of which the lawyer is accused or on the fate of the escrow funds.

920.
The arbitral tribunal notes that it is AVZI that considers itself to have been the victim an offence, since it has lodged a criminal complaint against its former lawyer, who is alleged to have potentially misappropriated funds.

921.
The Arbitral Tribunal therefore cannot accept the Defendant's position that this state of affairs "raises numerous questions as to AVZ's probity" 414.

922.
As it stands, the Arbitral Tribunal cannot attach any probative value to the elements reported by AVZI's former lawyer in a press article41' since the latter, who is the subject of criminal complaint for possible misappropriation funds and is in open conflict with AVZI, provides no evidence in support of his accusations. In these circumstances, the comments made by AVZI's former lawyer must be treated with the utmost circumspection.

923.
Moreover, the content of this article is too vague to allow any conclusions to be drawn in relation to the present proceedings.

924.
The article mentions only that "(...) the statements made to the Court by Nigel and John are false in relation to the realities of the partial assignment the PR 13359 License", so it is not possible to determine which statements are involved, what their content is, or whether they refer to the demerger of PR 13359, the relinquishment of part of the scope of PR 13359, or something else.

etc, etc, etc

 

[BEISHA]

The full transcript is a read and a half.
The delays, the tactics and even the balls to ask the emergency arbitrator to have AVZ pay all legal costs even after we won fucking clowns.

https://avzminerals.com.au/s/20250310-27720-SVE-Copie-de-Courtoisie-de-la-Sentence-Partielle_en.pdf

Exhaustive read and yes, the delay tactics is beyond the pale.

This is the reason why ICC / ICSID cases take years to conclude no doubt....

And not that there was any doubt, Cominiere cant pay.

So how one extracts water out of a stone will be intriguing.

 

[cruiser51]

Exhaustive read and yes, the delay tactics is beyond the pale.

This is the reason why ICC / ICSID cases take years to conclude no doubt....

View attachment 79376

And not that there was any doubt, Cominiere cant pay.

So how one extracts water out of a stone will be intriguing.

I would say you need a proper processing plant..

Cominière and the DRC operates on the basis, the moment the paper bag arrives it gets subdivided into individual overseas accounts.
The money gets moved in leather briefcases and deposited in Swiss accounts, only Christian puts it into the Rawbank.

 

[Frank]

Found this gem! Seems all that nonsense on twitter cost them a whopping EU16 450 000!!!
What a total wanker!!! LOL

https://x.com/TSECount/status/1900428890700665169

https://x.com/BenJovi81374403/status/1900467729766973501

https://x.com/TDITDistaken/status/1900549229854269774

https://x.com/_smogdaddy/status/1900614213015633988

https://x.com/mjkcongo/status/1900683910150767025

https://x.com/DominicFurfaro/status/1900754840734888051

 

[TheCount]

AVZ is requesting compensation as follows:

1. General Damages: AVZ and its affiliates (GLH and Dathcom) have requested an amount to be determined for damages resulting from the delays in starting the Manono Project due to Cominière's contractual breaches.
2. Specific Claims:
   • USD 6.243 billion to compensate for the complete destruction of the value of the Manono Project.
   • USD 2.081 billion to Dathcom for losses related to the same destruction.
   • USD 1.0935 billion for the breach of AVZ's right of first refusal.
   • USD 394,400 for legal costs incurred in protecting their interests in Congolese courts.
3. Additional Requests:
   • An amount to be determined for reputational damage.
   • Full reimbursement of arbitration costs, attorney fees, and all related expenses.
   • Interest at the French legal rate with anatocism (compound interest) from 15 days after the notification of the award.

I see that list of claims as setting a “takeover price” to anyone sniffing around.

 

[Frank]

Media coverage is crucial. When journalists and influencers cover our story, engaging with and amplifying their work increases the chances they’ll cover us again.

“But I don’t want to make an X account—I can’t stand Musk!” you might say.

In a few months, you might feel differently about him. Make the account.

If you’ve been on the sidelines for the past three years, now is the time to get in the game.

*Edit

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