AVZ Discussion 2022

Juba1845

Regular
A party seeking recognition or enforcement in a Member State must provide a copy of the Award certified by the Secretary-General to a competent court (or other authority which the State has designated for this purpose (ICSID/8)). Certified copies are sent to the parties on the date of dispatch of the Award, and the parties may request additional copies at any time.

Although Member States must recognize and enforce the Award, each State’s laws relating to sovereign immunity from execution continue to apply (Article 55 of the ICSID Convention).

ICSID has no formal role in recognition and enforcement of an Award under the ICSID Convention. However, if a party informs ICSID of the other party’s non-compliance with an Award, it is ICSID’s practice to contact the non-complying party to request information on the steps that party has taken, or will take, to comply with the Award.
Those within the DRC government who accepted bribes are now compromised . Quite probable they have been offered sweeteners into the future if they follow CCP orders . Criminals and gangsters will always put self preservation and self interest ahead of what is right . Maybe a deal can be struck with Cath in the picture , but it has to happen before the ICSID trial begins .
 
  • Like
Reactions: 2 users

PhatCatz

Regular
I’ve been thinking what this could all mean for AVZ. And I honestly don’t have a clue. I don’t think it’s a good thing.

Separately, I’m worried China might deploy troops in some capacity to protect its strategic interests if this gets out of hand. PRC hasn’t done this sort of thing though so unsure. But it’s an unease on me that if this grows so will support for DRC from China.
 
  • Thinking
  • Like
Reactions: 2 users

Mute22

Regular
Happy 1000-Day Milestone, Everyone!

It’s hard to believe, but today marks 1,000 days since AVZ officially went into suspension.

1738654229321.png


With the soaring cost of living, skyrocketing house prices, and stagnant wage growth across many industries in Australia, I can’t help but wonder how many families, children, and relatives have had their lives irreversibly impacted by this situation. Sometimes I reflect on 2022 as a crossroads in my life, wondering if I chose the wrong path. But this journey isn’t over yet, and we are in a better position than the last 999 days.

I’d like to give a heartfelt shoutout to all the amazingly high-effort regulars - Jens, DeBoss, Obe Wan, David, Cumquat, Frank, Cruiser—too many to name really, who’ve tirelessly kept up the public fight in the interest of all shareholders. I truly appreciate your efforts. On days when I’ve lacked the mental or emotional energy to stay engaged, seeing your drive and consistency for justice has been a real source of inspiration.

Of course, I also want to thank Nigel and the Board of Directors for navigating what must be one of the most challenging periods of their lives. Facing down three hostile governments (their own included), relentless shareholders, dishonest journalists, slippery characters like Carrick tarnishing their reputations, and corporate giants trying to outmaneuver them, all while having their hands tied, as the only party actually playing by the rules - to say it can't have been easy would be an understatement.

It’s been one hell of a journey, and through it, I’ve discovered a level of resilience I never knew I had. So if anything, there's that.

The finish line feels closer than ever. There’s a shift in the air, and I believe the end of this saga is on the horizon. It’s been a tough road, but I’m hopeful that soon we’ll finally see the closure, and the justice we’ve all been waiting for.
 
  • Like
  • Love
  • Haha
Reactions: 72 users

TheCount

Regular
I’ve been thinking what this could all mean for AVZ. And I honestly don’t have a clue. I don’t think it’s a good thing.

Separately, I’m worried China might deploy troops in some capacity to protect its strategic interests if this gets out of hand. PRC hasn’t done this sort of thing though so unsure. But it’s an unease on me that if this grows so will support for DRC from China.
Welcome back Shane.

IMG_5747.jpeg
 
  • Haha
  • Like
Reactions: 24 users

Frank

Top 20
1738656779901.png


1738657219247.png


1738657310622.png


1738657345892.png



Name & Shame.jpg
 
  • Like
  • Fire
Reactions: 14 users

pow4ade

Regular
The main reason for traffic congestion in Kinshasa is corruption, from traffic cops thru to the judiciary:

Kinshasa’s traffic cops run an extortion scheme generating five times more revenue than fines


https://theconversation.com/kinshas...ing-five-times-more-revenue-than-fines-246786

Imagine the judiciary being asked to endorse international penalties lol. Wont happen. Hard to escape the notion now that the DRC is a failed state. Best we settle and GTFO. IMO.
 
  • Like
  • Haha
  • Fire
Reactions: 5 users

JNRB

Regular
I’ve been thinking what this could all mean for AVZ. And I honestly don’t have a clue. I don’t think it’s a good thing.

Separately, I’m worried China might deploy troops in some capacity to protect its strategic interests if this gets out of hand. PRC hasn’t done this sort of thing though so unsure. But it’s an unease on me that if this grows so will support for DRC from China.
Yeah I've been wondering the same.
China is always looking for chances to increase its influence, and in the current era that could include militarily. If DRC accepted, they could legitimately use the conflict as a reason to bring in troops.
The big question is how that changes dynamics for everything else once it happens....
For us I dont think its a problem due to our partnership with CATH now, but it would certainly push things in new directions so who knows..
 
  • Like
Reactions: 4 users

RHyNO

Regular
I love this country! We make a strategic mineral list. Pay a whole bunch of consultants and politicians to create it. Then when a company comes along from a foreign nation (one we are paying 300 billion just to get submarines to protect us from) we let them not only pillage what we have in Africa but also let them in our front door to own the critical minerals we need. We hand them the keys!!!!! All the politicians in this country on both sides need to WAKE THE FUCK UP!!
 
  • Like
  • Fire
  • Love
Reactions: 23 users

tolate

Emerged
The ICSID does not directly enforce penalties , but instead relies on the legal system of it's states to recognize and enforce as if they were final judgments of their domestic courts. Meaning that a party seeking to enforce an award must go through the relevant member state to collect any fines imposed .This enforcement is subject to the states laws on sovereign immunity . In other words if the DRC court refuses to recognize the ICSID decision there is little chance AVZ will see a dollar . This tells us a settlement needs to be reached before the first ICSID court date in June. If not we can assume the DRC do not recognize the ICSID
Yes at the end of the DAY the word ENFORCEMENT will be tested..imo..?????
 
The ICSID does not directly enforce penalties , but instead relies on the legal system of it's states to recognize and enforce as if they were final judgments of their domestic courts. Meaning that a party seeking to enforce an award must go through the relevant member state to collect any fines imposed .This enforcement is subject to the states laws on sovereign immunity . In other words if the DRC court refuses to recognize the ICSID decision there is little chance AVZ will see a dollar . This tells us a settlement needs to be reached before the first ICSID court date in June. If not we can assume the DRC do not recognize the ICSID
Wrong. We can enforce it in any member state.

https://icsid.worldbank.org/procedures/arbitration/convention/recognition-enforcement

Recognition and Enforcement - ICSID Convention Arbitration (2022 Rules)

An Award of a Tribunal is binding on all parties to the proceeding and each party must comply with it pursuant to its terms (Article 53(1) of the ICSID Convention). If a party fails to comply with the Award, the other party can have the pecuniary obligations recognized and enforced in the courts of any ICSID Member State as though it were a final judgment of that State’s courts (Article 54(1) of the ICSID Convention).
 
  • Like
  • Fire
  • Love
Reactions: 39 users

Xerof

Flaming 1967
I DO like how malicious misinformation gets shot down in flames on this site👍👍

Trolls struggle to get any traction here - best to stick with the troll house
 
  • Like
  • Fire
Reactions: 37 users

tonster66

Regular
Yeah I've been wondering the same.
China is always looking for chances to increase its influence, and in the current era that could include militarily. If DRC accepted, they could legitimately use the conflict as a reason to bring in troops.
The big question is how that changes dynamics for everything else once it happens....
For us I dont think its a problem due to our partnership with CATH now, but it would certainly push things in new directions so who knows..
Dont the US own the Lobito corridor
With what has just happened with Panama I dont think the US will give this up without a fight.
imo
 
  • Like
  • Fire
  • Thinking
Reactions: 8 users

Frank

Top 20
  • Like
  • Fire
Reactions: 25 users
Dont the US own the Lobito corridor
With what has just happened with Panama I dont think the US will give this up without a fight.
imo
Wrong President.
 
  • Like
Reactions: 1 users

Mute22

Regular
Can somebody explain, if we are successful in the courts, the chances we recoup something resembling fair value at all?

I don't think DRC has enough in the coffers, even if they wanted to hand it over. As far as ceasing assets internationally, not across how that would work at all?
 
  • Like
Reactions: 1 users

mikejoho

Regular
Can somebody explain, if we are successful in the courts, the chances we recoup something resembling fair value at all?

I don't think DRC has enough in the coffers, even if they wanted to hand it over. As far as ceasing assets internationally, not across how that would work at all?

Not sure.

But realistically the DRC don’t what that outcome. If we do get that far, the decision will officially expose the corruption and the unethical business environment. The apparent will to promote and attract European and other western investment will be made redundant. Indaba cannot be attended by the DRC and the DRC mining week will need to be scrapped. Manono will be in a stalemate. The DRC people will eventually find out the truth (although there will be propaganda) resulting in riots, coups, instability - The country will implode, the president will be hanged, Zijin will be guilty be association, and bring shame to Xi resulting in Chen Jinghe being sentenced to death.

Just issue the fucking ML.
 
  • Like
  • Haha
  • Fire
Reactions: 18 users

tonster66

Regular
So the PM denounces the in-action of the international community in the face of illegal mining. Is this actually a cry for help?
We are seeing the entrenched corruption in the US and the difficulties that Trump is facing, is the PM suffering the same when trying to deal with corruption?
Is it a cry for help from the international community to help in dismantling the corruption in the DRC. Who knows imo
 
  • Like
  • Thinking
Reactions: 3 users

cruiser51

Top 20
Can somebody explain, if we are successful in the courts, the chances we recoup something resembling fair value at all?

I don't think DRC has enough in the coffers, even if they wanted to hand it over. As far as ceasing assets internationally, not across how that would work at all?
Who knows where Felix and his tribe will be at that stage?
I don't know if Felix will be allowed to serve his time out.
I think Felix is a front man, who is allowed to be a show pony with a nice watch and a bullet proof vest, who will be thrown under the bus when the time is right. I don't think he is the strong man he wants us to believe.

The DRC is a country in flux, nobody knows what happens tomorrow.

Will M23 be able to reach Kinshasa?
The DRC is a large country (Kinshasa to Goma is about the same distance as Perth to Sydney) and even if M23 is supported by Rwanda, that will only happen, if there is a complete complete very strong protest against the current ruling class. The supply lines are simply too long.

It could well be that the population rather sticks with the current misery regime, rather than forcing a change of power with a murderous group they don't know.

All AVZ can do is defend their rights through the courts, regardless of all the sand Zijin is trying to throw in the gearbox.

Don't forget Kabila still has some sort of following in Kivu and is stirring in the back ground.

Just some points to consider.
 
  • Like
  • Thinking
  • Fire
Reactions: 13 users
Can somebody explain, if we are successful in the courts, the chances we recoup something resembling fair value at all?

I don't think DRC has enough in the coffers, even if they wanted to hand it over. As far as ceasing assets internationally, not across how that would work at all?
they will forfeit land of the same value and AVZ will establish a country there where we will all live together happily ever after
 
  • Haha
Reactions: 11 users

TheCount

Regular
they will forfeit land of the same value and AVZ will establish a country there where we will all live together happily ever after
Imagine that!!! It'd be worse than Lord of the Flies.

Will Shane (aka piggy) be there?
 
  • Haha
  • Like
Reactions: 8 users
Top Bottom