Honerable mention.....
AVZ Discussion 2022
- Thread starter GazDix
- Start date
All those "quotes and analogies" my friend are VERY TRUE in a 'fair world' but this is not a fair world imo.
We AVZ (aon) warriors that won't lie down to rest our weary bones, until such time that the wrong has been put right, also have a cross to bare, and that cross comes at a different cost to those that carry it so far as health is concerned, like AVZs S...S..w it will simply have to wait.
With aprx 21,000 investors I cannot begin to imagine how many have paid a huge price, for the Fa. boys gruby lies and spin, simply so he, his family, and his motely goons and grubs, could continue to gorge themselves at the expense of the innocent and just people of the DRC and not to forget it's faithful investors.
Keep marching, keep smiling,
plenty of time ahead to lie down and sleep.
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Mute22
Regular
Rwanda says it in talks with US on possible minerals deal
Rwanda said on Wednesday it was in talks with the US over a potential minerals deal, a development that follows similar ongoing talks between Washington and Rwanda's neighbour Democratic Republic of Congo.
I wonder what this 'Minerals deal' discussion looks like?
'Don't fuck with us while we make money in Manono or we will push your shit in'.
OK, straight to the elephant in the room:
For some time I have been concerned about the likelihood that the DRC will invoke a sovereign immunity defense at ICSID in order to frustrate the process and ultimately not pony-up a single dollar regardless of the amount awarded to AVZ.
So I asked my AI assistant to clarify whether mining rights and tenements are either commercial or sovereign in nature.
Summary: International arbitrators generally view mining rights and tenements as protected private commercial interests under international law, rather than sovereign rights, particularly when assessing sovereign immunity claims related to arbitration awards.
This response considered the following:
1. Commercial Nature of Mining Agreements
Arbitrators typically classify mining rights as acta jure gestionis (commercial acts) rather than acta jure imperii (sovereign acts). This distinction is critical because restrictive immunity doctrines (applied by most arbitration-friendly jurisdictions) exclude commercial activities from immunity protections. Even if the DRC asserts absolute immunity domestically (as seen in the FG Hemisphere case), international tribunals focus on the commercial character of the underlying contracts and arbitration agreements.
2. Waiver Through Arbitration Clauses
By agreeing to ICC or ICSID arbitration, states are generally deemed to have waived immunity from the arbitration process itself. However, immunity from enforcement remains a separate issue. Tribunals emphasize that arbitration agreements constitute an implicit waiver of jurisdictional immunity, as seen in the AVZ-Cominière ICC case where the DRC entity was held liable for breaching emergency measures. ICSID awards benefit from additional protections under the ICSID Convention (Article 54), requiring member states to enforce awards as binding domestic court judgments.
3. Enforcement Challenges
While tribunals reject immunity defenses during merits proceedings, enforcement against state assets often hinges on locating non-immune commercial assets. Mining tenements and related revenue streams might be targeted if they are not used for sovereign purposes. Recent cases like AVZ v. DRC demonstrate that tribunals will uphold penalties for non-compliance with arbitral orders, irrespective of domestic immunity doctrines.
4. Recent Trends in Mining Disputes
The AVZ ICSID case (2023) highlights the growing use of investment treaties to counter expropriation. Australia-DRC bilateral investment protections (if applicable) or multilateral treaties could provide AVZ with additional grounds to override immunity claims.
Tribunals increasingly treat mining licenses as protected investments under instruments like the ICSID Convention, requiring states to compensate for unlawful revocation
5. Key Precedents
F
For some time I have been concerned about the likelihood that the DRC will invoke a sovereign immunity defense at ICSID in order to frustrate the process and ultimately not pony-up a single dollar regardless of the amount awarded to AVZ.
So I asked my AI assistant to clarify whether mining rights and tenements are either commercial or sovereign in nature.
Summary: International arbitrators generally view mining rights and tenements as protected private commercial interests under international law, rather than sovereign rights, particularly when assessing sovereign immunity claims related to arbitration awards.
This response considered the following:
1. Commercial Nature of Mining Agreements
Arbitrators typically classify mining rights as acta jure gestionis (commercial acts) rather than acta jure imperii (sovereign acts). This distinction is critical because restrictive immunity doctrines (applied by most arbitration-friendly jurisdictions) exclude commercial activities from immunity protections. Even if the DRC asserts absolute immunity domestically (as seen in the FG Hemisphere case), international tribunals focus on the commercial character of the underlying contracts and arbitration agreements.
2. Waiver Through Arbitration Clauses
By agreeing to ICC or ICSID arbitration, states are generally deemed to have waived immunity from the arbitration process itself. However, immunity from enforcement remains a separate issue. Tribunals emphasize that arbitration agreements constitute an implicit waiver of jurisdictional immunity, as seen in the AVZ-Cominière ICC case where the DRC entity was held liable for breaching emergency measures. ICSID awards benefit from additional protections under the ICSID Convention (Article 54), requiring member states to enforce awards as binding domestic court judgments.
3. Enforcement Challenges
While tribunals reject immunity defenses during merits proceedings, enforcement against state assets often hinges on locating non-immune commercial assets. Mining tenements and related revenue streams might be targeted if they are not used for sovereign purposes. Recent cases like AVZ v. DRC demonstrate that tribunals will uphold penalties for non-compliance with arbitral orders, irrespective of domestic immunity doctrines.
4. Recent Trends in Mining Disputes
The AVZ ICSID case (2023) highlights the growing use of investment treaties to counter expropriation. Australia-DRC bilateral investment protections (if applicable) or multilateral treaties could provide AVZ with additional grounds to override immunity claims.
Tribunals increasingly treat mining licenses as protected investments under instruments like the ICSID Convention, requiring states to compensate for unlawful revocation
5. Key Precedents
- FG Hemisphere v. DRC: Confirmed absolute immunity applies in Hong Kong courts but reinforced that immunity does not affect arbitral jurisdiction
- AVZ ICC Award (2025): Ordered Cominière (DRC state entity) to pay €39.1 million, rejecting attempts to circumvent arbitration through sovereign immunity defenses.
F
So in other words the DRC are pushing sh1t up hill with a pointy stick . Someone is going to have to pay AVZ $$$.
Frank
Top 20
Rwanda says it in talks with US on possible minerals deal
Rwanda said on Wednesday it was in talks with the US over a potential minerals deal, a development that follows similar ongoing talks between Washington and Rwanda's neighbour Democratic Republic of Congo.www.timeslive.co.za
I wonder what this 'Minerals deal' discussion looks like?
'Don't fuck with us while we make money in Manono or we will push your shit in'.
Minerals Partnership Agreement:
Rwanda Says It Is Also in Discussions with the United States
Rwanda told Reuters on Wednesday that it was in discussions with the United States regarding a possible minerals agreement.
This announcement comes amid similar ongoing negotiations between Washington and the Democratic Republic of Congo, Rwanda's neighbor.
Asked by Reuters whether there were any discussions between Kigali and Washington regarding a mineral access agreement, a Rwandan government spokeswoman confirmed:
"Yes, this is part of the discussions we are having with the United States," without providing further details.
Meanwhile, the United States is continuing negotiations with the DRC regarding a possible "minerals for security" agreement.
The Congolese government accuses Rwandan President Paul Kagame of supporting the Tutsi rebels of the M23, who have taken control of a vast area in the east of the country, a region rich in minerals but plagued by serious violence.
mediacongo
DRC peace process: Qatar welcomes progress made and encourages Kinshasa and the M23 to continue dialogue
In a message published on his X account, Dr. Majed Al Ansari, advisor to the Qatari Prime Minister and spokesperson for the Qatari Ministry of Foreign Affairs, welcomed recent efforts at dialogue between the Congolese government and the M23/AFC rebel movement.
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An African version of the Marshall Plan, nice.
Flexi
Regular
Mate ..... you are legend.
Mute22
Regular
DRC and Rwanda to sign accord in US on peace pathway, sources say, amid talks on minerals deals
The Democratic Republic of Congo and Rwanda plan to sign an agreement in Washington on Friday to promote peace and economic development, sources told Reuters.
DRC and Rwanda to sign accord in US on peace pathway, sources say, amid talks on minerals deals
25 April 2025 - 12:15By Reuters
The foreign ministers of the DRC and Rwanda are expected to sign the agreement at a ceremony with US secretary of state Marco Rubio. File photo.
Image: Mark Schiefelbein/Pool via REUTERS
The Democratic Republic of Congo (DRC) and Rwanda plan to sign an agreement in Washington on Friday to promote peace and economic development, sources told Reuters, part of a diplomatic push to end violence after an advance by Rwandan-backed rebels in eastern DRC.
The agreement raises hopes that the latest cycle of violence in a decades-long conflict rooted in the Rwandan genocide might ease, with the two countries hoping to attract significant US investments in minerals. However, previous ceasefire calls have not produced a sustained break in fighting.
The two countries' foreign ministers are expected to sign the agreement at a ceremony with US secretary of state Marco Rubio. Washington is in talks to invest billions in minerals in the DRC, which has vast deposits of copper, cobalt and lithium, used in mobile phones and cars. Rwanda said this week it was also speaking to Washington about a possible minerals deal.
The DRC has seen a surge in violence after Rwandan-backed M23 rebels launched a major offensive in January that led to the capture of the two largest cities in the east.
The UN and Western governments said Rwanda has provided arms and troops to M23. Rwanda denied backing M23 and said its military has acted in self-defence against the DRC's army and a militia founded by perpetrators of the 1994 genocide.
Qatar and the US have shown an interest in mediating a resolution.
DRC, M23 commit to work towards peace after Doha talks
The Democratic Republic of Congo and Rwanda-backed M23 rebels on Wednesday pledged in statements released after talks in Qatar to work towards peace ...News
22 hours ago
Qatar in March brokered a surprise sit-down between DRC President Felix Tshisekedi and his Rwandan counterpart Paul Kagame during which the two leaders called for a ceasefire.
Qatar has also hosted talks between the DRC and M23, and this week the two sides issued a statement vowing to work towards peace and professing a "commitment to an immediate cessation of hostilities".
A diplomatic source said the agreement to be signed on Friday aims to foster a "pathway to peace, stability, and integrated economic development" in eastern DRC and "the resumption of normal bilateral relations".
Another source briefed on the agreement said it was intended to build investor confidence.
It amounts to "a declaration of principles, very broad objectives to work towards", one diplomatic source said. "The two sides will finalise the specifics in a few months and then, hopefully, a peace agreement will be signed."
US President Donald Trump's administration has taken a special interest in the DRC since a DRC senator contacted US officials to pitch a minerals-for-security deal this year.
Washington wants greater access to minerals that are exploited predominantly by China and its mining companies. The state department has said the US is interested in a deal, and expects any agreement on minerals to involve a range of private sector partners.
Positioned to support a partnership is prominent Trump backer Erik Prince, who agreed earlier this year to help the DRC secure and tax its vast mineral wealth.
RHyNO
Regular
2. Musings.
1. The DRC desperately not wanting the courts to have jurisdiction and the courts actually having jurisdiction is very comforting. Think about it. Why would they be trying to get out of it if they were just going to ignore the ruling.
2. The timing of all this mineral deal talk is very odd. Why would it be so conveniently close to our court date? I feel like Felix wants the fuck out of this corrupt stench before he finds himself with nowhere to run.
1. The DRC desperately not wanting the courts to have jurisdiction and the courts actually having jurisdiction is very comforting. Think about it. Why would they be trying to get out of it if they were just going to ignore the ruling.
2. The timing of all this mineral deal talk is very odd. Why would it be so conveniently close to our court date? I feel like Felix wants the fuck out of this corrupt stench before he finds himself with nowhere to run.
Spikerama
Regular
You always have such an amazing choice of words Samus. I'm in awe of how you dance with the English language.
*jealous
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