AVZ Discussion 2022
- Thread starter GazDix
- Start date
9cardomaha
Regular
So this is where it gets a little tricky - ICC's power over DRC land transfer and ownership rights is 50/50 from what i can tell. But that is up to the arbitrator, if they do not believe the DRC will follow through, then they pretty weak from what i can tell, but ICC and ICSID for that matter will generally rule for monetary damages as remedy.
this relates to my enforcement showerthought. They aren;t losses unless you sell type of deal, until we request to enforce the emergency injunction.
And for monetary penalties, ICC has jurisdiction over 90% of banking institutions, and can block or hold transactions from ZJ to Cominiere, or any other organiztion to Cominiere to recoup damages.
Carlos Danger
Top 20
Dathomir termination attempt was September 4th this year. Way after Cominiere emergency order. Emergency order was all about Cominiere staying within DRC legal system rather than complying with Article 11.1 of Dathcom JVA and going to ICC.
9cardomaha
Regular
The ones which Cominiere and Zijin said haven't been built and using as talking points to say no progress has been made? But their own people are living large in the camp?
Whats this about them using the AVZ camp? I must have missed out on that.
This is some fucked up ruling about Mining rights are greater than all other property/land ownership. But i digress, the real point is the one i made above - fucking snakefuckers.
Schnitzelfresser
Regular
For all German shareholders. I received a message from Axino Capital. It looks like they manage the communication on behalf of the AVZ BOD for German shareholder.They explain how to vote in this video ->
If your bank charge you anything you are allowed to send the bill to Jan De Jaeger and you are going to get a refund.
Hallo,
ich habe von Axino Capital eine Mitteilung erhalten. SIe erklären in diesem Video (https://www.youtube.com/watch?v=17TDCQlxH5c) wie man bei seiner Bank abstimmen kann. Ich kann noch nicht bestätigen, ob das auch wirklich funktioniert und alle Broker bzw. Banken mitmachen und wie hoch die Kosten dafür sein werden. Da bei uns alles sehr langsam abläuft, hoffe ich, dass die Frist noch nicht abgelaufen ist. Die Kosten würde das Management erstatten. Auf den ersten Blick wurde Axino von Nigel beauftragt und zeigen auch im Video wie man gemäß Empfehlung des aktuellen BODs abstimmt. Es ist gut zu wissen, dass es nicht nur ein Trick der anderen drei Geier ist, unwissende Deutsche reinzulegen (z. B. Deeland).
EDIT: Changed LINK. Not it should work. For my Broker, Flatex, it is not working. They offer no service for foreign AGMs outside Germany/Austria. Time to change for me.
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DiscoDanNZ
Regular
What the fuck.
That's enough internet for me for the night finding that out.
Also I finally got my call from a Sydney landline number this afternoon, they must really be making their way down to the bottom of the register now. Was a very quick call when I asked if the call was about voting in the AGM and following the BOD's instructions. The lady almost seemed relieved that she didn't have to go through it with me
Those poor people must get their ears chewed off by every irate uninformed shareholder that knows nothing about whats going on other than they can't sell the $100 of shares they bought because their uncles, cousins, brother told them its a sure thing.
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9cardomaha
Regular
Hmm you're right JV termination issued by Dathomir is after emergency injunction. There is a piece missing inbetween, its the termination of JVA by Cominiere in local DRC which triggered the injunction.
That should make the timeline correct - good eye as always Carlos.
TLDR: first domino falls and the proceeding shitstorm subsides and ZJ have their 'blush moment'. who should we be celebrating as the messiah?
DiscoDanNZ
Regular
9cardomaha
Regular
I think you need a better understanding of dominoes my good man.
You need multiple dominoes set up to achieve the desired result. In feb there were only two pieces JCM v AVZ which was delayed due to an expenses paid cruise trip by the arbitrator and decree 00031, which at the time we didn't know would be a crucial trigger for one of the larger dominoes being set up.
9cardomaha
Regular
LOL. You're right, but i am leaving my comment about needing better understanding of dominoes because i worked hard on that post. also CHB no hard feelings, just talking shit.
Xerof
Flaming 1967
He’s muttering on X that 11.1 and all of that is over ridden by some paragraph 2, under which DRC law prevails
Don’t shoot the messenger, I have nfi what he’s referring to
Carlos Danger
Top 20
Samus
Top 20
Have you uncovered any official documentation that supports Zijin's claim on more than half of 13359 9card? Or the hydro plant?
Samus
Top 20
The SEZ
, that's like something from a fairy tale in a far away land long ago before the Manono project became like a piece of dog shit that no DRC politician go anywhere near for fear of treading in it.
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Carlos Danger
Top 20
He's talking about this
But his (And Cong's attempt on September 4th) entire reasoning for termination is based on non performance in Article 18.3 which says 11.1 must be followed
I would love to know what discrepancy in provisions he is trying argue lmao
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lol all good
Feel like the SEZ has morphed into an........... MOUThe SEZ
John25
Regular
Carlos Danger
Top 20
What we are seeing is classic Chinese business lawfare. They will continuously throw bullshit at us to wear us down and use that to have the DRC government blame us for delaying the project. Which is batshit insane but brown bags speak louder than legislation and contracts to DRC ministers. Unfortunately Zijin have the resources and connections within the DRC to keep this going longer than AVZ can realistically withstand. That's why Nigel agreed to a significant compromise of our legal rights for the MoU imo
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