AVZ Discussion 2022
- Thread starter GazDix
- Start date
Thats farken brilliant Hudnut, great stuff putting that together !
The " imminent " decision regards to ROFR Jin Cheng is the key , many posters here have said in the past that a positive decision in favour of AVZ could be a domino effect in throwing out the Dathcom JV dispute brought on by Jin Cheng / Cominiere and prompt the newly formed DRC govt to get back on the negotiating table, with AVZ holding a strong hand.
I await the ROFR decision with anticipation...
imo
I'm keen to see if Dathomir withdraw their application to have Dathcom JV terminated in Lumbashi on the 25th March. That's a definite date, with a specific action in regards to interim orders. Let's see if it eventuates.
All eyes are on the AVZ Bank account . Until we secure funding these scumbags will continue to use delay tactics .
My apologies if this offends anyone .
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Wombat if I listened to you I would have too shoot the kids pony's, sack the missus Tongan swim coach, man after 1 year she can dog paddle, he's good, and maybe lay of my Swiss fondue teacher. I'll cost cut when the fat lady shatters the crystal not by panicking. P
I agree completely. We've got to have the funds to stay alive and in the game.
I'm wondering what the delay to the withdrawal will be.
It's the only date in the "next steps" schedule that is a clear date with an outcome attached.
Everything else is "waiting", "imminent", a submission, or a hearing.
That's why I'm keen to see if anything happens.
Of course any of the decisions we are waiting on could happen at any time as well (including funding confirmation), but the 25th is 8 days away......
Remark
Top 20
I think it's medication time Wombat
Winenut
GO AVZ!!!!
March 31st is a hard date for the end of exclusive DD for Locke Capital
Not exactly sure what that might mean?
Maybe the exclusive DD period ends but it takes Locke months to assess the DD and then for AVZ to provide an announcement????
I certainly hope not
That would be like Lingchi.......
Not exactly sure what that might mean?
Maybe the exclusive DD period ends but it takes Locke months to assess the DD and then for AVZ to provide an announcement????
I certainly hope not
That would be like Lingchi.......
Remark
Top 20
Death by a thousand cunts?March 31st is a hard date for the end of exclusive DD for Locke Capital
Not exactly sure what that might mean?
Maybe the exclusive DD period ends but it takes Locke months to assess the DD and then for AVZ to provide an announcement????
I certainly hope not
That would be like Lingchi.......
Winenut
GO AVZ!!!!
Azzler
Top 20
I had another read of the half yearly that I initially only skimmed, and I found myself feeling way better about everything.
I mis-read this statement:
"On 6 March 2024, AVZI, GLH and Dathcom filed a motion requesting the ICSID tribunal make financial penalty orders
for non-compliance"
This must have been what the update on the ISCID site was about, and I imagine it will be granted too.
Currently Cominierie owe $40 Million in fines from the ICC, which AVZ have requested be payed out.
Now it's likely the DRC Government will be fined by the ISCID soon if they don't comply.
Dathomir to confirm it's ordered compliance to withdraw it's court action by the next ICC hearing in 6 days.
ICC Ruling on Zijin expected any day now, and it's expected to be a win for us (I think), and a catalyst for progress.
The statements made by AVZ regarding $20 Mil funding gives a very straightforward impression that they're expecting it to be granted.
At first read (skim) I was of the belief we probably wouldnt get it.
Looks like we will know at the end of this month.
The report reiterated to me that we're in a very strong and winning position for all litigation, on all fronts.
I don't know why I was so depressed about it now.
I mis-read this statement:
"On 6 March 2024, AVZI, GLH and Dathcom filed a motion requesting the ICSID tribunal make financial penalty orders
for non-compliance"
This must have been what the update on the ISCID site was about, and I imagine it will be granted too.
Currently Cominierie owe $40 Million in fines from the ICC, which AVZ have requested be payed out.
Now it's likely the DRC Government will be fined by the ISCID soon if they don't comply.
Dathomir to confirm it's ordered compliance to withdraw it's court action by the next ICC hearing in 6 days.
ICC Ruling on Zijin expected any day now, and it's expected to be a win for us (I think), and a catalyst for progress.
The statements made by AVZ regarding $20 Mil funding gives a very straightforward impression that they're expecting it to be granted.
At first read (skim) I was of the belief we probably wouldnt get it.
Looks like we will know at the end of this month.
The report reiterated to me that we're in a very strong and winning position for all litigation, on all fronts.
I don't know why I was so depressed about it now.
Winenut
GO AVZ!!!!
The main sticking point in all this is despite having a good chance of winning all the legal battles (based on the the known facts and merits of each case) will any of the fucking arseholes actually comply with the final rulings????
Not trying to be negative but it's the one thing in all the legal shitfights that really fucks me off
Azzler
Top 20
Yeah you're right but it's a game of pressure now.
DRC must be under immense pressure to negotiate with AVZ.
Each battle we win builds that pressure.
How can they possibly refuse us if we're entirely in the right by multiple courts.
It must be unbelievably embarresing for the DRC.
Apparently even the US confronted Felix demanding to know when he will sign the MOU with Nigel.
I feel it's only a matter of time now.
Keep in mind their government isn't formed yet.
I asked Perplexity.AI about the enforcement mechanisms around ICC interim orders.
When the International Chamber of Commerce (ICC) rules that one party has breached an interim order and orders a financial penalty, the process for the penalized party to pay the penalty typically involves the following steps based on the provided sources:
- Order for Payment: The ICC may issue an order for the penalized party to pay the financial penalty as a result of breaching an interim order
- Enforcement Mechanism: If the penalized party refuses to pay the financial penalty ordered by the ICC, the other party can seek enforcement through mechanisms provided by the ICC rules. This may involve seeking an interim award or interim measure to compel payment
- Potential Consequences: Failure to comply with the ICC's order to pay the financial penalty can have serious implications. It may be considered a breach of the arbitration agreement, and in certain cases, it could amount to a repudiatory breach, allowing the other party to withdraw from the agreement to arbitrate
- Arbitration Institution's Role: The arbitration institution, such as the ICC, aims to facilitate the progress of arbitration proceedings. In cases where a party refuses to pay its share of a financial penalty, the institution may allow the other party (usually the claimant) to pay on behalf of the non-compliant party to ensure that arbitration can proceed
- Legal Recourse: If a penalized party fails to pay its share of a financial penalty, it may face potential legal consequences, including an arbitral award against them for the unpaid amount or even court proceedings initiated by the aggrieved claimant
To my mind it doesn't sound particularly compelling.
Fair call but Like all things with this case, there is an unsolved conundrum. Why haven't they already kicked us out? Why haven't they already handed the keys for the south to Zijin? If the DRC has ambitions to become a closed shop and only deal with China then why don't they do it? But they don't. They want a battery hub and are promoting themselves in Europe, Australia (!), and the US to encourage investment. Why would they bother if they just want the Chinese? Either it is a masquerade or they generally want other foreign investment. My personal thoughts are they generally want foreign investment. I don't know about the DRC inner workings and decades old relationship with the corruption of the Chinese but I believe it cannot be unwound without the independence of an international ruling. If and when the AVZ ICC and ICSID rulings come and they ignore, there will be no other foreign investment. I don't think they want this.
RHyNO
Regular
Surely our godhead Nigel the uninsultable has a plan once the rulings come down. As to say once we have these rulings in our favour and they don’t comply, surely he and BOD have an approach that is beyond sit quietly. I imagine something about US govt and aus govt. I mean they must. Surely.
Cumquat Cap
Regular
Be great if the USA and Europe could sanction a few of these corrupt actors including Felix and his family so they can’t retire to Europe like all good African dictators do. Like cool Felix you can retire to Guangzhou good luck finding French speakers you twat
Cumquat Cap
Regular
And yea I do think ICSID loss and ignorance will fuck their battery hub + foreign investment up for decades so if Felix continues to ignore they are stuck with Chyyyna in perpetuity - in which case they deserve the misery they get. Big month coming up
Why haven't they kicked us out ? They have been trying . Fat Tail comes to mind . Their tactic is for AVZ to self destruct .
Once Fat Tail have been decapitated and funds have been secured the DRC gov will then understand AVZ is not going away
and cannot be defeated .
RHyNO
Regular
My god it’s as if you are capable of keeping multiple views in your mind at the same time like some kind of educated adult human.
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