AVZ Discussion 2022

[Mouthpiecenomnom]

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.

Thank fuck for you. You are the hero Gotham deserves. I couldn't make sense out of the "inside baseball" lawyer speak of the announcement.

 

[Thunderpony]

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

The International Court of Arbitration® is the world’s leading arbitral institution. Since 1923, we have been helping to resolve difficulties in international commercial and business disputes to support trade and investment.

We perform an essential role by providing individuals, businesses and governments alike with a variety of customisable services for every stage of their dispute.

Although we are called a court in name, we do not make formal judgments on disputed matters. Instead, we exercise judicial supervision of arbitration proceedings.

 

[Thunderpony]

Africa Commission - ICC - International Chamber of Commerce

ICC created the Africa Commission to build capacity in the region and enhance awareness of, and access to, ICC’s dispute settlement know-how and globally reputed services.

iccwbo.org

 

[Winenut]

Just when you thought it couldn't get any worse....

 

[Winenut]

i think you need to take the vulnerable plunge and form a whatsapp or similar social media private group. This is a public forum, not your private club.

We are all here to discuss our investment in AVZ, but your post above is obnoxious beyond the pale.

Please find your what’sapp group.

Yeah...nah...

Wasn't talking to you

Take your own sanctimonious advice

 

[ptlas]

Whoa! That's sure looking sweet

Where are the vegetables??

In the boardroom

 

[obe wan]

You have been way off the mark on accuracy in this area previously. The arbitration was purely a procedural matter and would be dropped by the other party. Was that not your your man

You have been way off the mark on accuracy in this area previously. The arbitration was purely a procedural matter and would be dropped by the other party. Was that not your your mantra?

Reply is apparently, that if you step back only to about a month ago ; even and still at that stage management , avz lawyer and a host of channels ( excluding all typical HC / TSE /Twitter geniuses ) were still expecting offical letter from Zijin , that they were out.

Would be interesting to find out how strong the Zijin pulse is during this case which technically still hasn’t even moved into ‘main event’ mode.

Modo…. A new nic … or just a another new account ; if you’re invested and I’m wrong welcome … if like your other accounts you’re not …what a waste of life

 

[FilthyRich2]

Here is a new Article on Monano from DRC Press

They are focusing on the electric vehicles they will produce (have a look at first picture - WTF)

Actualité | le gisement de lithium de Manono au centre des « palabres de la biennale » de Lubumbashi | mediacongo.net

Un important gisement de lithium a été découvert à Manono dans le Tanganyika. Si ce minerai fait l’objet d’une course « effrénée » dans...

www.mediacongo.net

I am hoping they are in jest, they can't be serious or is it artistic interpretation by locals of end product

 

[bloke383]

Not funny X, I’m deleting the number from the threads and just keeping a photo of it…. Very Sus mate

Not sure if you & Xerof are joking re receiving phone calls like that , but it would be worthwhile letting AVZ management know . I'm sure they would want to know about something like that .

 

[Doc]

[

Here is a new Article on Monano from DRC Press

They are focusing on the electric vehicles they will produce (have a look at first picture - WTF)

Actualité | le gisement de lithium de Manono au centre des « palabres de la biennale » de Lubumbashi | mediacongo.net

Un important gisement de lithium a été découvert à Manono dans le Tanganyika. Si ce minerai fait l’objet d’une course « effrénée » dans...

www.mediacongo.net

I am hoping they are in jest, they can't be serious or is it artistic interpretation by locals of end product

Lol

 

[LimitedEdition63]

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.

Top effort AA, this is by far the most clear, sensible interpretation I have read on this matter on any platform, this one included. It explains why NF thinks the ML is immine I mean close

 

[Thehoneyguy]

 

[Xerof]

Here is a new Article on Monano from DRC Press

They are focusing on the electric vehicles they will produce (have a look at first picture - WTF)

Actualité | le gisement de lithium de Manono au centre des « palabres de la biennale » de Lubumbashi | mediacongo.net

Un important gisement de lithium a été découvert à Manono dans le Tanganyika. Si ce minerai fait l’objet d’une course « effrénée » dans...

www.mediacongo.net

I am hoping they are in jest, they can't be serious or is it artistic interpretation by locals of end product

A Biennale is typically a large scale art exhibition, held every 2 years. Artist will produce this stuff as an expression of opinion on any subject matter they think might be relevant.

I've been to one in Venice, and here is a good example of the stuff produced for display. This is a small aircraft turned inside out. Might be an improvement over what CongoAir are currently flying

 

[Xerof]

Not sure if you & Xerof are joking re receiving phone calls like that , but it would be worthwhile letting AVZ management know . I'm sure they would want to know about something like that .

Well, I was joking, but clearly Bags is taking it seriously. Apologies Bags if I upset you. Yes, a mention to management wouldn't go amiss, if you know what the purpose of the call was
@MoneyBags1348

 

[JAG]

 

[JAG]

 

[LOCKY82]

 

[Samus]

A whole lot more old recycled news ffs.
Going around in circles for 6 months.

 

[Sammy_da_Smile]

A Biennale is typically a large scale art exhibition, held every 2 years. Artist will produce this stuff as an expression of opinion on any subject matter they think might be relevant.

I've been to one in Venice, and here is a good example of the stuff produced for display. This is a small aircraft turned inside out. Might be an improvement over what CongoAir are currently flying
View attachment 19532

 

[Deleted member 1612]

Bloody hope he’s right