Jin Cheng ICC Arbitration Proceedings
Article 24 , Case Management Conference and Procedural Timetable - as per your link
@MoneyBags1348
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the arbitral tribunal shall hold a case management conference to consult the parties on procedural measures that may be adopted - as per the ann 9/9/22 - The Parties will be convened to a case management conference in September 2022, so this obviously has happened.
Article 24 point 2 -
During such conference, or as soon as possible thereafter, the arbitral tribunal shall establish the procedural timetable that it intends to follow for the efficient conduct of the arbitration
Article 24 - point 4
- Case management conferences may be conducted through a meeting in person, by video conference, telephone or similar means of communication. In the absence of an agreement of the parties, the arbitral tribunal shall determine the means by which the conference will be conducted. The arbitral tribunal may request the parties to submit case management proposals in advance of a case management conference and may request the attendance at any case management conference of the parties in person or through an internal representative. - So here it suggests , they try and nut it out to see how best to und get things underway and undertake that
efficient route in coming to a conclusion
AVZ ann 20.10.22 - The Arbitrator has issued Procedural Order No.1-3 ruling in favour of AVZI and consequently will now proceed to hear and determine AVZI’s jurisdictional challenge (around whether AVZI’s pre-emption rights were breached) before dealing, if necessary, with the merits of the case.
So would appear that most efficient manner , i.e quickest way to the end would obviously be tapping those pre-emption terms and seeing of they were breached .... based on the outcome of that, then they would decide if the case is even a goer.....ICC likely see pre-emption rights conditions as the jugular .
DRC Tribunal Decision -
As the DRC Tribunal correctly acknowledged, both Dathomir SPAs contain and are subject to arbitration agreements. It follows that only a properly constituted arbitral tribunal has jurisdiction to overturn AVZI’s August 2021 acquisition of a further 15% interest in Dathcom from Dathomir.
So no defendants in the room , but Tribunal decision was granted to Cong for interim suspension of payments which were already in the designated account , an account number which was provided to AVZ for the deposit, Cong hasnt spent he money , its kept in an account because he decided after he had received he wanted more.....it would be interesting to see a statement of that account and any transactional movements to and returning back into. Anyway Tribunal decided to give Cong that status, but also acknowledged that both Dathomir SPAs contain and are subject to arbitration agreements ....... so , only a properly constituted arbitral tribunal has jurisdiction to overturn AVZI’s August 2021 acquisition....
......kinda sounds like the Dathomir case holds no merit unless Cong takes it to a higher level.
...Given Cominiere's dodgy dealings, sounds like ICC probablt agree that Pre-emption rights in probably the path of least resistance in getting this thing efficiently dealt with everyone just moving on
while the eastern boys and gals are sound asleep dreaming of AVZ trading again 
. Speak in tongues like Michael does 
