AVZ Discussion 2022

[Winenut]

Let it all out mate… it’s your time to shine

Believe it or not I still haven't had a drink!

 

[CashKing]

Believe it or not I still haven't had a drink!

You have changed old mate…

I invited John Clark he could do with some iron by the looks

Night shifts a bitch….

AIMO NFI DYOR

 

[Winenut]

You have changed old mate…

View attachment 19520

Whoa! That's sure looking sweet

Where are the vegetables??

 

[Winenut]

You have changed old mate…

I invited John Clark he could do with some iron by the looks

Night shifts a bitch….

AIMO NFI DYOR

View attachment 19520

I reckon I can tell you did a red wine reduction there for the jus

Just a guess

 

[CashKing]

Whoa! That's sure looking sweet

Where are the vegetables??

Hopefully veggies at the AGM

Can’t afford them at the moment

 

[ChrisU]

Anyone else want Modo, R2 and Der Geist to just fuck off and talk to themselves somewhere else?

Come to think of it I thought Modo got whacked?

Maybe it was just wishful thinking or the shyster deleted his/her own posts......

Not getting much from the official company announcements at the moment....in fact very disappointed in that regard

But the ongoing and increasing agenda driven bullshit being peddled around and around and around is giving me the fucking shits

Fucking inuendo and insider boogey woogey.....

View attachment 19516

Sitting right there on top of the same undulating and disturbing waters as the fucking Boatman

All IMHO of course

Anyone else want Modo, R2 and Der Geist to just fuck off and talk to themselves somewhere else?

Come to think of it I thought Modo got whacked?

Maybe it was just wishful thinking or the shyster deleted his/her own posts......

Not getting much from the official company announcements at the moment....in fact very disappointed in that regard

But the ongoing and increasing agenda driven bullshit being peddled around and around and around is giving me the fucking shits

Fucking inuendo and insider boogey woogey.....

View attachment 19516

Sitting right there on top of the same undulating and disturbing waters as the fucking Boatman

All IMHO of course

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.

 

[John25]

Boys im still up C’mon Nut let loose & whack someone FFS but get Franks ok first …

 

[Der Geist]

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….

“still in”
I think I know who you mean. He spat the dummy a long time back, with great gut juice curdling hate. Ask Jens who has sent Jens a ‘physical’ threat. I have screenshots in case Jens goes missing. This is why doxxing is dangerous

 

[Der Geist]

Cong has already taken it where he needs support. This legal stuff is a distraction.
It’s politics and thuggery

Jin Cheng ICC Arbitration Proceedings
Article 24 , Case Management Conference and Procedural Timetable - as per your link @MoneyBags1348
*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

it

 

[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