Isn't this the grey area whereby Zijin believe they have ownership of the north and any fault will lie with snakehead from Cominiere? Anyone recall when we should be expecting the next movement with ICC and ICSID?
They have been instructed by the ICSID and the ICC not to do any work on the tenements. They have been warned. Any loss is on them.
Isn't this the grey area whereby Zijin believe they have ownership of the north and any fault will lie with snakehead from Cominiere? Anyone recall when we should be expecting the next movement with ICC and ICSID?
The ICSID have not issued any stop work orders to Zijin, Cominiere or Manono Lithium in regard to 15775. They ‘declined to deal with title to the northern area on an interim basis because doing so could affect the interests of a third party to the proceedings (ie Manono Lithium SA), which will be dealt with on a final basis as part of the broader ICSID proceedings.’Daz,
My understanding is that Zijin knowingly entered into an agreement that is fraudulent - The JV Agreement has not been published and they have not completed the DFS as required by the Mining Code. Both the ICC and ICSID have basically said that progress in Manono needs to stop and they are progressing.
So they will reap what they sow - and they may even be doing the heavy lifting for us.
I wait with baited breath to see the outcome.
Regards,
SilentOne.
The ICSID have not issued any stop work orders to Zijin, Cominiere or Manono Lithium in regard to 15775. They ‘declined to deal with title to the northern area on an interim basis because doing so could affect the interests of a third party to the proceedings (ie Manono Lithium SA), which will be dealt with on a final basis as part of the broader ICSID proceedings.’
The ICC ordered Cominiere "not to take any steps to explore and exploit, directly or indirectly, the mining reserves within the perimeter of PR 13359 and PR 15775”. Which has clearly been breached.
It is unknown if the DFS was completed by Manono Lithium. AVZ’s official announcement on this issue states that ‘it is highly implausible that Manono Lithium has fully and properly complied with the requirements of the DRC Mining Code for the grant of such a permit in the time since it, in AVZ's view, invalidly acquired PR 15775’, which I agree with. Saying they didn’t is misleading although legally irrelevant as the termination of the Dathcom JVA which the subsequent partial sale of resulting in the purported creation of 15775 was done unlawfully imo
I agree with what you say however 15775 in wholly contained within 13359. So how can working on 15775 not be subject to the ruling? Also what happened to the tailings? the underlying tenement, according to grahame johnston owns the right to exploit them. Interesting times ahead.The ICSID have not issued any stop work orders to Zijin, Cominiere or Manono Lithium in regard to 15775. They ‘declined to deal with title to the northern area on an interim basis because doing so could affect the interests of a third party to the proceedings (ie Manono Lithium SA), which will be dealt with on a final basis as part of the broader ICSID proceedings.’
The ICC ordered Cominiere "not to take any steps to explore and exploit, directly or indirectly, the mining reserves within the perimeter of PR 13359 and PR 15775”. Which has clearly been breached.
It is unknown if the DFS was completed by Manono Lithium. AVZ’s official announcement on this issue states that ‘it is highly implausible that Manono Lithium has fully and properly complied with the requirements of the DRC Mining Code for the grant of such a permit in the time since it, in AVZ's view, invalidly acquired PR 15775’, which I agree with. Saying they didn’t is misleading although legally irrelevant as the termination of the Dathcom JVA which the subsequent partial sale of resulting in the purported creation of 15775 was done unlawfully imo
It is subject to the ICC ruling. Just not the ICSID ruling on the current interim basis as it could affect the interests of a third party ie Manono Lithium. This is the loophole 9card warned us about many moons ago before he was silenced which is legally valid despite Outcast's tears on this matter at the time.I agree with what you say however 15775 in wholly contained within 13359. So how can working on 15775 not be subject to the ruling? Also what happened to the tailings? the underlying tenement, according to grahame johnston owns the right to exploit them. Interesting times ahead.
It is subject to the ICC ruling. Just not the ICSID ruling on the current interim basis as it could affect the interests of a third party ie Manono Lithium. This is the loophole 9card warned us about many moons ago before he was silenced which is legally valid despite Outcast's tears on this matter at the time.
Extremely likely it will be subject to the final ruling by the ICSID if it gets that far as the purported termination of the Dathcom JVA is
unlawful as it was attempted without valid grounds and in a manner contrary to the express terms of the Dathcom JVA specifically Article 11.1 imo
Now I'm not claiming to be Nostradamus but if there isn't some serious political pressure put on the DRC I forsee a future where the DRC loses both ICC and ICSID arbitrations and they still couldn't give a fuck. And we'll be in for many a long year trying to recover the damages from them.Yes, back to basic principles:
If the termination of the Dathcom JV is ruled illegal or invalid, then every side contract and agreement hanging off the termination should also be invalid and unwound.
I wanna be a fly on the wall when they try unwinding their spaghetti bowl of corrupt side deals, and turn on each other with machetes.
Exactly. It won’t be that hard to unwind with a willing government. But the words ‘disadvantageous to the republic’ are our biggest problem in getting them to comply with external arbitration decisions. Hopefully the DRC Supreme Court does the right thing in the end if needed.Yes, back to basic principles:
If the termination of the Dathcom JV is ruled illegal or invalid, then every side contract and agreement hanging off the termination should also be invalid and unwound.
I wanna be a fly on the wall when they try unwinding their spaghetti bowl of corrupt side deals, and turn on each other with machetes.
Now I'm not claiming to be Nostradamus but if there isn't some serious political pressure put on the DRC I forsee a future where the DRC loses both ICC and ICSID arbitrations and they still couldn't give a fuck. And we'll be in for many a long year trying to recover the damages from them.
It's now clear that the entire country is rotten with corruption from the ground up and the elite only care about their own short term wealth.
It seems like our best hope is that Western powers can put the pressure on with the Lobito Corridor project and that not all of the DRC political class are happy to be beholden to China for the foreseeable future.
We haven't really had any evidence that AVZ problems will be linked to that deal though and lithium only being one aspect of Congolese mineral wealth required by the west. It's a matter of if the west will allow the Chinese to dominate and control the lithium market by stealing Manono.
ACT is wholly within NSW, different territory..I agree with what you say however 15775 in wholly contained within 13359. So how can working on 15775 not be subject to the ruling? Also what happened to the tailings? the underlying tenement, according to grahame johnston owns the right to exploit them. Interesting times ahead.
This is why no one is helping us. Even if we win 100% of our offtakes go to China at a discount to market rate which will still be manipulated by China. Only difference if AVZ control Manono is we will get a cut and there is the possibility of changing offtake partners in 3 to 5 years.Hey Jose, you think the Chinese are screwing the world on lithium now, wait till they start scraping high grade ore off the surface in Manono!"