AVZ Discussion 2022

[wombat74]

No costs will be awarded until final decision in ICSID case
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Does this apply to the ICC $100k a day penalties ?

 

[Cumquat Cap]

Surely not Wombat, they're intertwined arbitration enterprises but completely different entities in different continents - just my guess.

The long faces in the Cominiere room gave me a boner - Lisette with her shit haircut trying to understand, few other geezers looking less then impressed.

Cominiere scrambling on twitter overnight looking rather desperate, I hope we soon see their demise

 

[Carlos Danger]

Doesn't this just say they will be liable for the court fees if they lose the actual ICSID case (in a year or two) - surely someone in the DRC will step in prior to this, management have absolutely overstated their ability to penetrate higher levels of government it appears

Yeah pretty much. Court has punted decision on costs until final decision despite both parties requesting the other pay their legal fees if they win the provisional hearing. To me it reads as another hint from the ICSID that we should negotiate a deal.

 

[Carlos Danger]

So basically there is no immediate penalty if they don't comply with the interim measures. What is the point of interim measures if there is no recourse for non-compliance?
And yes Remark, I did noticed the look of doom on the faces in the cominiere meeting. Thieving parasites!

No. Costs and penalties are two different things.

In the ICC case Cominiere were made to pay the courts costs plus 10% of our legal costs AND a €50,000 per day penalty was prescribed for any violation of the new order on top of the existing €50,000 penalty from violations of the previous order. See decision details below.

I'm sure there is a penalty for violation of the ICSID decision but Cominiere aren't showing that section for obvious reasons. They only posted the costs part because everyone was saying on Twitter they would have to pay our legal fees. Which isn't true either way as the ICSID case is against the DRC government not Cominiere. Cominiere are a party of Dathcom so are technically on our side for legal responsibility in the ICSID case.

 

[Carlos Danger]

Does this apply to the ICC $100k a day penalties ?

Surely not Wombat, they're intertwined arbitration enterprises but completely different entities in different continents - just my guess.

The long faces in the Cominiere room gave me a boner - Lisette with her shit haircut trying to understand, few other geezers looking less then impressed.

Cominiere scrambling on twitter overnight looking rather desperate, I hope we soon see their demise

No. Costs and penalties are two different things.

In the ICC case Cominiere were made to pay 10% of our legal costs AND a €50,000 per day penalty was prescribed for any violation of the new order on top of the existing €50,000 penalty from violations of the previous order. See decision details below.

I'm sure there is a penalty for violation of the ICSID decision but Cominiere aren't showing that section for obvious reasons. They only posted the costs part because everyone was saying on Twitter they would have to pay our legal fees. Which isn't true either way as the ICSID case is against the DRC government not Cominiere. Cominiere are a party of Dathcom so are technically on our side for legal responsibility in the ICSID case.

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No. See my post above.

 

[wombat74]

No. See my post above.

What's your gut feeling on which way this will go ? Cheers

 

[Charbella]

@Carlos Danger, are we claiming damages from Zijin at the ICC as per the below schedule?"

 

[marksmann007]

Caption this recent photo taken at a ministers event.

Best caption as voted by TSE @zeeb0t receives fresh Crays direct from the boat!

You can only caption once.
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No I can’t bring my brown bag back because I’ve lost the receipt…
Try Cominere, I hear those morons misread the situation again and are holding another piss up at the office.
Ask for the tea lady Alain…

 

[TheCount]

Great to see #Outcast fuelling the fire on X today...

 

[Cumquat Cap]

Outcast is a legend and very well informed - love it

 

[Xerof]

@JAG

Mate, before I post the winning entry, do you deliver to rural NZ? I also have an adjacent jetty, free mooring (and plenty of crays available at the head of the bay)

 

[Carlos Danger]

What's your gut feeling on which way this will go ? Cheers

There is significant further impetus for a negotiated outcome imo

 

[Carlos Danger]

@Carlos Danger, are we claiming damages from Zijin at the ICC as per the below schedule?"

I'm not 100% sure but I don't think we are claiming damages specifically in the Zijin trying to claim 15% of Dathcom case

Our entire claim is that the ICC doesn't have jurisdiction as Zijin (through Jin Cheng) has never been a party of Dathcom and therefore cannot initiate arbitration using the rules set out in the Dathcom JVA (weird Zijin followed Article 11 of the Dathcom JVA and didn't try and use OhAdA in their attempt to be recognised lmao)

So it would be strange for us to ask for damages from a court we say doesn't have jurisdiction in this matter. As it says in that schedule both parties have submitted costs so the winner will most likely have their legal fees paid by the loser. This decision should be dare I say it.... imminent.

 

[Scoota30]

This decision should be dare I say it.... imminent.

Time for some bubbly?

 

[JNRB]

Well this Twitter/X post explains all the long faces...

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https://x.com/Outcast_North/status/1749776315782472007?s=20

Are those curtains in the background, or giant paper bags?

 

[Remark]

Ok, Alain / Celestine is awake with his "Lawyer" buddy @MaitreIleo , pissed off & firing on at least one cylinder.

Edit. Ok, firing on one cylinder was a little generous...

 

[Dijon101]

The guys cooked.

Lost every international autonomous arbitration case and is still claiming victory.

 

[Cumquat Cap]

Cominiere are absolute drongos, will never get it. They have a lawyer on the side trying to add validity to their bullshit as well. Ridiculous

 

[JAG]

@JAG

Mate, before I post the winning entry, do you deliver to rural NZ? I also have an adjacent jetty, free mooring (and plenty of crays available at the head of the bay)

They will be air freighted

 

[Winenut]

They will be air freighted

I might just have to put forward and entry now!!!