Carlos Danger
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If this is the case you better tell AVZ and ICC arbitration lawyers who must have forgotten the memo…. Isn’t the whole ICSID case on this very fact? The ownership of 13559 is and always was AVZ and the interim orders were to restore that back to AVZ?
Or am I wrong in that? That these hot shot international lawyers have completely missed the point August alleges?
@Carlos Danger
Mate, I was thinking of asking for a rebuttal to Cohens assertions from our resident 'i'm no commercial lawyer but...'
thanks mate, those were my thoughts as well. He has not read fully the ICSID emergency findings
Interesting to see Jens agrees 100% with August![]()
Nigel makes it very clear in the appeal letter that triggered the ICSID arbitration under the DRC mining code that the main purpose of the appeal is the ‘survival of the acquired rights’ for DathcomRe:
View attachment 84712
The central issue is that the decree issuing Dathcom an exploitation licence was illegally rescinded. There is no provision in the Mining Code to rescind a licence because of disharmony amongst stakeholders. At the same time AVZ was meeting all its contractual obligations, and making good progress towards building a mine and production facilities. This cannot be denied.
However,
See the pattern of corrupt or illegal behavior by the DRC and its agencies?
- Cominiere's corrupt dissolution of the Dathcom JV in April 2023, was illegal
- Cominier's sale of 15% of Dathcom to Zijin Mining was corrupt and therefore illegal
- All but $US6m of $US33.4m payment to Cominiere corruptly went in commissions, expenses and snacks
- Cominiere's decision, in conjunction with CAMI to wind up Dathcom and return PR13359 to its own name was corrupt
- Kalemie High Court's decision to uphold Cominiere's behavior, but denying AVZ the opportunity to defend or be heard was corrupt
- Cominiere's decision to split PR13359 into PR13359 (S) and PR15775 (N) was illegal
- Cominiere's decision to award Jinjiang Lithium, a subsidiary of Zijin Mining, the northern part (PR15775) of Manono was corrupt
- The $US70m payment for PR15775 went corruptly to the DRC president's 'favourite charity' instead of to going to treasury
This has obviously now changed in that Dathcom recognise the cancellation decree and are seeking the PE for the entirety of 13359
So it’s a bit complex in this case due to the waiver and other purported partial relinquishment of 13359 by Cominiere giving the north as 15775 to Manono Lithium with different parameters than the original split
But the revival (survival enacted under law) of acquired rights for an applicant under the DRC mining code is 100% possible imo
August’s other point that KoBold will be granted a new licence makes absolutely no sense under the DRC mining code as they would need to go through the DFS process again before applying for a new PE