AVZ Discussion 2022

[JAG]

I’ve read, re-read, and read again that word-salad abomination of an announcement.
It’s almost like someone threw some duck entrails at google translate and this is what popped out the end. FMD.

Caution: What follows is a madman’s reverse-engineered interpretation of said word salad. Read at your own risk.

Now that’s out of the way, I think I can see AVZ painting a positive picture here:

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”).

Thing 2. DRC Tribunal: AVZ are seemingly so confident on this one they did not even send the office coffee boy to stand in the corner of the hearing room and play pocket billiards for a few hours. What the shit, Batman? Either that or they were binge-watching Doomsday Preppers and forgot to put the alarm on - dunno which.
Anyhoo, AVZ are saying “we don’t give a fuck - it’s not a properly constituted arbitral tribunal”, presumably because the dispute mechanisms are laid out in detail in other legal documents (JV agreement or somesuch thing). In other words, “until such time as one of these numbnuts from Dathomir invokes a proper dispute with us, it’s ours thanks all the same”.

So yeah, I think it’s positive. If correct, it might explain the vibe about being close to the ML, but who the fuck knows…

Oh, and to AVZ management: Hi. I hereby volunteer to write your announcements from this point forward. I’ll write some nice words that are both syntactically correct and logically structured. Then I’ll hand it over Wino and Moneybags who will add the kind of verbs and adjectives that would make a soldier blush. These announcements, so authored, will then be both understandable and entertaining. You know it makes sense.

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”).

 

[John25]

Frank …pipe some of that water over here…tanks full for the time being

 

[oxxa23]

Fair questions tbh...

 

[MoneyBags1348]

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”).

https://iccwbo.org/content/uploads/sites/3/2020/12/icc-2021-arbitration-rules-2014-mediation-rules-english-version.pdf

 

[CashKing]

Just for you @Winenut @MoneyBags1348 @Frank @TDITD

When you have too much tonight and posted just look here.....love ya's

View attachment 19491

Fuxk she goes alright, fair few deep didn’t even need to squint

Old mate must have been smasssshed when he married that other thing

ohh wait we not talk about that anymore??? ….

 

[John25]

M

It' a non event . Always has been . Cong just playing with himself .He's sitting in a corner beating off all by his lonesome
.

might explain the squinty eyes

 

[Nbaz]

Who has their finger in this fuckin PIE!!!!! Guess fucking WHO
View attachment 19492

What's this about Jag? Care to elaborate?

 

[MoneyBags1348]

Maybe. Have an other read and share your thoughts…

I’ve read, re-read, and read again that word-salad abomination of an announcement.
It’s almost like someone threw some duck entrails at google translate and this is what popped out the end. FMD.

Caution: What follows is a madman’s reverse-engineered interpretation of said word salad. Read at your own risk.

Now that’s out of the way, I think I can see AVZ painting a positive picture here:

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”).

Thing 2. DRC Tribunal: AVZ are seemingly so confident on this one they did not even send the office coffee boy to stand in the corner of the hearing room and play pocket billiards for a few hours. What the shit, Batman? Either that or they were binge-watching Doomsday Preppers and forgot to put the alarm on - dunno which.
Anyhoo, AVZ are saying “we don’t give a fuck - it’s not a properly constituted arbitral tribunal”, presumably because the dispute mechanisms are laid out in detail in other legal documents (JV agreement or somesuch thing). In other words, “until such time as one of these numbnuts from Dathomir invokes a proper dispute with us, it’s ours thanks all the same”.

So yeah, I think it’s positive. If correct, it might explain the vibe about being close to the ML, but who the fuck knows…

Oh, and to AVZ management: Hi. I hereby volunteer to write your announcements from this point forward. I’ll write some nice words that are both syntactically correct and logically structured. Then I’ll hand it over Wino and Moneybags who will add the kind of verbs and adjectives that would make a soldier blush. These announcements, so authored, will then be both understandable and entertaining. You know it makes sense.

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!

 

[Frank]

During the Question/Answer session at the Chatham house Royal Institute of International Affairs conference, I hope someone asked Felix about the DRC Manono Lithium asset as the world is aware of it.




View attachment 19472

View attachment 19469

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]

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]

I’ve read, re-read, and read again that word-salad abomination of an announcement.
It’s almost like someone threw some duck entrails at google translate and this is what popped out the end. FMD.

Caution: What follows is a madman’s reverse-engineered interpretation of said word salad. Read at your own risk.

Now that’s out of the way, I think I can see AVZ painting a positive picture here:

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”).

Thing 2. DRC Tribunal: AVZ are seemingly so confident on this one they did not even send the office coffee boy to stand in the corner of the hearing room and play pocket billiards for a few hours. What the shit, Batman? Either that or they were binge-watching Doomsday Preppers and forgot to put the alarm on - dunno which.
Anyhoo, AVZ are saying “we don’t give a fuck - it’s not a properly constituted arbitral tribunal”, presumably because the dispute mechanisms are laid out in detail in other legal documents (JV agreement or somesuch thing). In other words, “until such time as one of these numbnuts from Dathomir invokes a proper dispute with us, it’s ours thanks all the same”.

So yeah, I think it’s positive. If correct, it might explain the vibe about being close to the ML, but who the fuck knows…

Oh, and to AVZ management: Hi. I hereby volunteer to write your announcements from this point forward. I’ll write some nice words that are both syntactically correct and logically structured. Then I’ll hand it over Wino and Moneybags who will add the kind of verbs and adjectives that would make a soldier blush. These announcements, so authored, will then be both understandable and entertaining. You know it makes sense.

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

 

[oxxa23]

Fwiw, I still think the good news is about to drop... and roadshow will be constructive... not the aggrevating pillow talk attempt we fear...

 

[Der Geist]

Cart 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

What REALLY fucks me off is that if Tittle Tattle Tom is to be believed, he got tipped off about the DATHOMIR Tribunal outcome, asked some questions, and once again, AVZ have been forced to come clean with the information.

I don’t care if AVZ think it’s immaterial and of no effect, just let us know on a timely basis. They are starting to look a bit silly, being called out by Mr Cut and Paste for a second time.

@Der Geist, were you aware of the Tribunal outcome? @R2D2, were you?

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.

 

[ChrisU]

Mr I

1) I started that private conversation with you, hope you got it

2) I can’t see how AVZ ASX release (attached) states what you state in your post?

View attachment 19506

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?

 

[DoubleA]

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.

 

[Rediah]

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”).

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.

 

[MoneyBags1348]

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.

Just replying to your post so I can read it again in the light of day

 

[CashKing]

No

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.

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]

Mr I

1) I started that private conversation with you, hope you got it

2) I can’t see how AVZ ASX release (attached) states what you state in your post?

View attachment 19506

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.

 

[Charbella]

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.

All positive news! The person writing the announcements should be sacked..F***