AVZ Discussion 2022
- Thread starter GazDix
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MoneyBags1348
Top 20
Correct and my left nut is saved
Thing 1. Z/ICC Arbitration: The next action is for the ICC to determine whether it has *jurisdiction* to hear the case. AVZ think the ICC does not have jurisdiction and, if correct, the case will not proceed to the next step (of “being heard on its merits”).
CashKing
Regular
Fuxk she goes alright, fair few deep didn’t even need to squintJust for you @Winenut @MoneyBags1348 @Frank @TDITD
When you have too much tonight and posted just look here.....love ya's
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Old mate must have been smasssshed when he married that other thing
ohh wait we not talk about that anymore??? ….
John25
Regular
MoneyBags1348
Top 20
Mr I
I can’t see how AVZ ASX release (attached) states what you state in your post? Can you or someone possibly explain it to me!
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Frank
Top 20
Félix-Antoine Tshisekedi arrived in Ghana this Thursday for a work and friendship visit
After London, the President of the Republic, Félix Tshisekedi, arrived this Thursday, October 20 in Accra, capital of Ghana for a 24-hour working and friendship visit.
The two Heads of State, Félix Tshisekedi and Nana Akufo-Addo, will discuss subjects of common interest, including the fight against climate change, as a prelude to the meeting next November in Egypt, on the Cop27.
After Ghana, the President of the Republic is expected in Nigeria and Tanzania.
During his stay in London, Felix Tshisekedi had exchanged with King Charles III on the problems related to the security situation in the East of the DRC.
mediacongo
Albert Yuma proposes four levers to be activated to innovate more sustainable investments after mining
The Democratic Republic of Congo is considered a geological scandal but the minerals are exhaustible.
For the National President of the Federation of Companies of Congo (DRC), Albert Yuma, “we must already think about the post-mining period”.
Albert Yuma said so on Wednesday, October 18, 2022, at the opening of the Forum initiated by the FEC Chamber of Mines.
copperbeltkatangamin
"A Geological Scandal"
Poor choice of Words or Nail on Head
Food for thought
Frank
Frank
Top 20
Just for you @Winenut @MoneyBags1348 @Frank @TDITD
When you have too much tonight and posted just look here.....love ya's
View attachment 19491
CashKing
Regular
That makes much more sense than the announcement.
Not sure how Jens & some others can be so cool about this shit.
GLTAH
WE ARE GOING TO NEED IT
Der Geist
Regular
NoCart before the horse dudes.............
Lots more important things to focus on atm, like %%% ML , CDL exploration permit, ICC arbitration, Dathomir court case, SEZ, BFS update, FID , construction.................ffs.
But even before that, upcoming Perth Roadshow , AGM and getting out of fucking suspension.
But even before that..........compiling questions for the sophisticated investors within this forum to ask BOD at Perth Roadshow, as i didnt get a invite ( small fry in comparison ) and cant attend in any case to due work committments.
Just sayin.
no.
I gave up asking self censoring journalists.
It’s annoying that dumb cock Tommy gets to creak the door.
Simon Cong doesn’t talk anymore, at least not to me. Don’t know why.
I was after proof of the offer AVZL lawyers made to Cong’s lawyers, but I couldn’t quite manage. The lawyer was against it, as it was reasoned needed for the appeal hearing. Cong’s lawyer was of the view that the offer was evidence AVZ understood it did not own the 15%. Perhaps in Congo Jungle fever land that is the case. But it’s likely not an argument to make, as offers are made alll the time to settle. In the end the lawyer breached a likely NDA. AVZ knows about it. Just a another slip of paper among the reams AVZ has on the little mafia.
Klaus reckons the Chinese are making offers to Cong. I think he was confident that things are going his way or for his ‘friends’. I do think we are seeing what he said was there, the level of corruption runs deep. FT is not fully respected it seems. But US would be watching very closely. we have concrete proof they are strutting their stuff because they know they only have shit lithium deposits. Great when opex/costs are low. But recoveries?
I’ll say this about AVZ’s Congo opponents, when AVZ gets the license, I think the legal disputes will continue but in due course, all the evidence over 5 years has accrued such that I wouldn’t be surprised if the right Intel agencies have it on file.
The other thing that makes me shudder about Tommy snag is that he doesn’t seem to twig it’s a bad idea for the Chinese fo get Manono. There is no strategic compass in Tommy’s nouse. (pun intended). Instead the AFR should be ringing the alarm bells on this Chinese conquest. This is not about AVZ in the end this is about Western hegemony being outsmarted in the new energy industry. We shall see.
C
ChrisU
Guest
Obviously AVZ, sees value in these proceedings.
questions to ask Management:
Is AVZ engaging the ICC for arbitration with Zijin, or, am I mistaken; imagining this arbitration between Zijjn and AVZ is happening?
If Zijin’s rights on Cominiere 15% are not material, without foundation, why accept an invitation to do ICC arbitration at all?
What value do you hope to derive from ICC arbitration with Zijin?
Is this value material or immaterial?
But Zijin claims were already without foundation?
My reading of the latest update:
ICC update
AVZ have made a jurisdictional challenge for the arbitration matter, related to whether the pre-emption rights were breached. A jurisdictional challenge is when a Respondent makes a submission challenging the adjudicator's jurisdiction to determine a dispute. ICC ruled in favour of AVZI to hear and determine the challenge.
The International Court of Arbitration of the International Chamber of Commerce18 (“ICC) is among those institutions that have empowered their respective boards or courts of arbitration to decide an objection to their jurisdiction, and thus to dismiss a case if they conclude that the institute has no jurisdiction over the dispute.
So a decision has not been made here yet. ICC could either dismiss the case if they do not believe they have jurisdiction or continue on with arbitration proceedings.
DRC tribunal decision
There has been a request by Dathomir for suspension of payments which have already been made.
Both Dathomir share purchase agreements (SPAs) are subject to arbitration agreements. My interpretation of this is that you can't just get any random run of the mill tribunal to hear arbitration matters in relation to these agreements as they have set requirements written into the agreements. Only a properly constituted arbitral tribunal has jurisdiction to overturn AVZI's acquisition. No such proceedings have commenced and the tribunal decision does not purport to have any effect on the SPAs. The tribunal decision mentioned did not happen within a properly constituted arbitral tribunal. Therefore it does not have jurisdiction. This is set out in the SPA.
AVZ considers 20 September decision immaterial. I would agree. They can suspend and hold the funds in whatever holding account they want, it does not change the fact that the transaction has occurred.
I could sell a car and receive the funds in one of my accounts by transfer. I could then give the car to the buyer then tell the bank not to transfer the funds to my main savings account...ok, so what? That doesn't mean I can get the car back.
ICC update
AVZ have made a jurisdictional challenge for the arbitration matter, related to whether the pre-emption rights were breached. A jurisdictional challenge is when a Respondent makes a submission challenging the adjudicator's jurisdiction to determine a dispute. ICC ruled in favour of AVZI to hear and determine the challenge.
The International Court of Arbitration of the International Chamber of Commerce18 (“ICC) is among those institutions that have empowered their respective boards or courts of arbitration to decide an objection to their jurisdiction, and thus to dismiss a case if they conclude that the institute has no jurisdiction over the dispute.
So a decision has not been made here yet. ICC could either dismiss the case if they do not believe they have jurisdiction or continue on with arbitration proceedings.
DRC tribunal decision
There has been a request by Dathomir for suspension of payments which have already been made.
Both Dathomir share purchase agreements (SPAs) are subject to arbitration agreements. My interpretation of this is that you can't just get any random run of the mill tribunal to hear arbitration matters in relation to these agreements as they have set requirements written into the agreements. Only a properly constituted arbitral tribunal has jurisdiction to overturn AVZI's acquisition. No such proceedings have commenced and the tribunal decision does not purport to have any effect on the SPAs. The tribunal decision mentioned did not happen within a properly constituted arbitral tribunal. Therefore it does not have jurisdiction. This is set out in the SPA.
AVZ considers 20 September decision immaterial. I would agree. They can suspend and hold the funds in whatever holding account they want, it does not change the fact that the transaction has occurred.
I could sell a car and receive the funds in one of my accounts by transfer. I could then give the car to the buyer then tell the bank not to transfer the funds to my main savings account...ok, so what? That doesn't mean I can get the car back.
Rediah
Regular
And your reply on twitter was spot on as to why this announcement came today when you replied to boatman and co. I was slow to connect the dots.Correct and my left nut is saved
Thing 1. Z/ICC Arbitration: The next action is for the ICC to determine whether it has *jurisdiction* to hear the case. AVZ think the ICC does not have jurisdiction and, if correct, the case will not proceed to the next step (of “being heard on its merits”).
MoneyBags1348
Top 20
CashKing
Regular
I love it when you drink
all the good stuff comes out but it still questions me who the fark are you 
. Speak in tongues like Michael does & IMO He’s still in…. We shall see….
Mr Inappropriate
Regular
Thanks MB. I received the PM and have responded.
My interpretation is the ICC thingy is a follows [with my comments in square brackets]
Jin Cheng ICC Arbitration Proceedings
“The Arbitrator has issued Procedural Order No.1-3 ruling in favour of AVZI
[it’s procedural decision rather than any consideration of the facts of the matter in dispute. This can be more or less ignored in my view].
“…and consequently will now proceed to hear and determine AVZI’s jurisdictional challenge
(around whether AVZI’s pre-emption rights were breached)
[AVZ are stating that this is not a matter over which the ICC has authority to make a decision. AVZ could assert that the matter must be heard in a court within the DRC in line with common law or as described in a binding agreement to which AVZ is a party].
“…before dealing, if necessary, with the merits of the case.
[here they are saying they the ICC will consider whether they (the ICC) have authority (jurisdiction) to even hear the matter. If the ICC concludes that they do not have that jurisdiction, the matter will not proceed any further].
“The timetable of the arbitral proceedings are yet to be set by the arbitrator.
[as above, no timetable is set because proceeding may be halted at the previous step].
Hopefully, that makes sense. Hopefully, I’m right.
All positive news! The person writing the announcements should be sacked..F***
C
ChrisU
Guest
What annoys me about AVZ’s style is circumlocution: “Only a properly constituted arbitral tribunal”
What is “a properly constituted arbitral tribunal”?
Spell it out.
We need to understand why AVZ emphasises “tribunal”, whereas Tom Richardson used “court”.
AVZ says nothing on the or any authority of the tribunal.
Richardson is up to his semantic tricks. He did the same thing in his May article
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