Sharing my throughts on the win granted through ICC Emergency Arbitration Proceedings for those that care what i think lol.
I originally commented the below and stated that directly going to ICC fucks CKK and Zijin which has proven to be right.
One thing that concerns me right now is how the below is worded:
- Cominière is prevented from taking any action or taking any steps, that would result from the implementation of the termination of the Dathcom JVA and/or the consequences of such termination, until the final award on the merits of the broader Cominière Arbitration Proceedings is made;
- Cominière must comply with Section 11.1 of the Dathcom JVA (being the requirement to adjudicate any disputes via arbitration before the ICC) and to refrain from bringing any litigation in connection with the Dathcom JVA and/or the termination it claims to have effected, before the courts in the Democratic Republic of Congo (DRC), until the final award on the merits of the broader Cominière Arbitration Proceedings is made;
The reason this concerns me is that I have been made aware of potential ICC action by Cominiere against AVZ - if this turns out to be true (it is heresay at the moment) then I think others would share the same concern - though i am uncertain what Cominiere could possible be filing at ICC.
Anyone more versed in ICC law able to help clarify whether Cominiere is able to bring a case against AVZ to confirm termination of JVA given AVZ's case is already related to this matter?