Souvlaki? The fat fuck has got to be sick of Chinese by now.Can anyone think why Felix would be going to Cyprus?
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With Trump positively looming large over African minerals supply, Kobold has partnered with a Vancouver miner in a copper play in Zambia. May be worth a look at a promising early stage prospect:I'll be looking for the next great African opportunity![]()
Massive Rolex sale......Can anyone think why Felix would be going to Cyprus?
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Have just been having a look at the ICSID website and it seems that both parties ie Claimant and Respondent have to agree to recommence the hearing. My thoughts were that Fasken and co would try to delay this as long as possible. If the parties dont agree then the tribunal makes the decision
In the AVZ announcement it says that the proceedings will now resume. Do we know for sure the proceedings have recommenced and if so when would the new trial date be ( originally 2-5 June) Also anyone know what the injunction pursuant to procedural order No. 3 ?
The ICSID Proceedings will now resume, and the Company is taking steps to hold the DRC to account for its failure to comply with the injunctions ordered pursuant to Procedural Order n°3, including with the filing of a new application with the ICSID Tribunal.
Hey Dave thanks very much for reposting that info. I did open and flick through the ICC Partial Award document last week when you were replying to Muks but i pretty much just looked at the damages amounts on page 25.I went over my reply to @muks last week and added a few things in this post that hopefully provides something to stay focused on
ICC Decision Against Cominière to Liquidate an Accrued Penalty of €39M in ENG & FRE
https://static1.squarespace.com/sta...de+Courtoisie+de+la+Sentence+Partielle_en.pdf
Page 25 shows the damages of US$9.417billion resulting from Cominiere violating AVZ’s FROR, then illegally terminating the Dathcom joint venture (due to parties not getting along) and the DRC (Ministry of Mines & CAMI) revoking AVZ’s Mining Decree (PR/PE) and granting a PR/PE to Manono Lithium with the implausible and illegal reason being it took too long for Dathcom to advance the project.
The ‘Damages’ of over US$9.417billion are what is being claimed in the ICSID by AVZ through DLA Piper
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To date, the DRC has violated the orders handed down by the ICSID and AVZ has won all cases before the ICC Court of Arbitration and this recent decision (shown above), by the ICC ordered Cominiere to pay AVZ penalties of €39million (equal to US$46million or AU$70million).
Highly likely going to get some cash out of the bank.Can anyone think why Felix would be going to Cyprus?
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ICSID has no power, or authority - but will provide AVZ holders leverage?August old boy putting the boot in over on X
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August old boy putting the boot in over on X
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August old boy putting the boot in over on X
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While the following (below) refers to the Republic of Congo, rather than the Democratic Republic of Congo (DRC), the principle remains. Both ICC and ICSID have enforcement powers. It takes time, resources and dedication, and even then full restitution is unlikely to be achieved. If push comes to shove, we can apply to seize DRC property and importantly, the income stream associated with their mineral-for-peace mining operations.Is he wrong? ICSID is definitely about leverage. I am sure we don't want to end up having to chase this money after award.
The idea is that the asset is encumbered and western companies cannot touch it without going through AVZ.
Regardless of our potential to squeeze money out of the DRC or not, I don't think thats a path any of us want to go down is it? Ideally there is a middle ground that a western company is willing to come to the table with to extract resources now. Not sure I can mentally handle a 2 year court case followed by 5 years of enforcement orders.While the following (below) refers to the Republic of Congo, rather than the Democratic Republic of Congo (DRC), the principle remains. Both ICC and ICSID have enforcement powers. It takes time, resources and dedication, and even then full restitution is unlikely to be achieved.
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French supreme court rules on seizure of Congo properties
The French Court of Cassation has affirmed that a creditor seeking to enforce a €1.7 billion ICC award against the Republic of the Congo can seize a property allegedly housing the private residence of the state’s ambassador to UNESCO but that a Congolese payroll office in France is exempt from...globalarbitrationreview.com
Unfortunately, the DRC kleptocrats wrote the book on stalling and diversionary tactics designed to frustrate the process. Our best option is probably through diplomatic pressure from the Trump administration.
Cheers
F
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Regardless of our potential to squeeze money out of the DRC or not, I don't think thats a path any of us want to go down is it? Ideally there is a middle ground that a western company is willing to come to the table with to extract resources now. Not sure I can mentally handle a 2 year court case followed by 5 years of enforcement orders.