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Lithium de Manono : AVZ relance l’offensive judiciaire, l’offre de KoBold fragilisée
La procédure d’arbitrage engagée par AVZ Minerals Limited contre la République démocratique du Congo (RDC) devant le Centre international pour le règlement des différends relatifs aux investissements (CIRDI), au sujet du gisement de lithium de Manono, « va maintenant reprendre », annonce la...bankable.africa
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Translation here peeps:
Manono's lithium: AVZ relaunches the judicial offensive, KoBold's offer weakened
Creation date: Tuesday, June 24, 2025 09:14
Date modified: June 24, 2025 15:52
The arbitration proceedings initiated by AVZ Minerals Limited against the Democratic Republic of Congo (DRC) before the International Centre for the Settlement of Investment Disputes (CIRDI), regarding the Manono lithium deposit, "will now resume", the Australian company announced in a statement released on June 24, 2025.
By announcing, on May 26, the freezing of the procedure until June 23, AVZ had indicated that this decision aimed to create "a climate conducive to discussions" that could lead to an amicable settlement of the dispute. "Despite the efforts made by AVZ, the DRC has not engaged in dialogue during this period of temporary suspension, which has now expired," accuses the company.
For the moment, the Congolese authorities have not commented on the file. It is therefore unknown why the discussions were not successful, while the CIRDI had confirmed that the procedure had been suspended "in accordance with the agreement of the parties".
KoBold in trouble
One thing is certain: the resumption of legal proceedings weakens the offer of KoBold made to the Congolese authorities on January 21, 2025. The American company, supported by investors such as Bill Gates and Jeff Bezos, proposes to end the dispute by granting "appropriate compensation" to AVZ, in exchange for abandoning its claims to Manono for its benefit. In this perspective, AVZ and KoBold announced on May 6 the conclusion of a framework agreement providing that "AVZ sells its commercial interests in the Manono lithium deposit to KoBold, at a fair value".
Except that for this operation to succeed, the Congolese State must agree to grant AVZ an exploitation permit or, failing that, recognise it rights to the deposit. What Kinshasa refuses, hence the procedure launched in June 2023 before CIRDI.
AVZ claims rights to the part of the Manono lithium deposit covered by the PR 13359 Exploration Permit. But the Congolese justice returned 100% of the stake in this license to the Congolese mining company (Cominière), when it was initially owned by a joint venture controlled by the Australian company, in partnership with the public company.
American Godfather
Subsequently, Cominière partnered with the Chinese group Zijin Mining to create Manono Lithium SAS. The joint venture, 61% owned by Zijin (through its subsidiary Jinxiang Lithium) and 39% by Cominière, has obtained an operating permit for the northeastern part of the deposit and plans to start lithium production in the first quarter of 2026.
AVZ is therefore also suing its former partner Cominière before the International Court of Arbitration of the International Chamber of Commerce, where the Australian company has already obtained the conviction of the public company to pay 39.1 million euros in penalties for non-compliance with injunctions.
AVZ specifies that the suspension of the arbitration proceedings was decided "following a call from the United States government encouraging the parties to take measures to establish a climate conducive to discussions". These negotiations are part of a particular diplomatic context. Washington is parallelly conducting talks with Kinshasa for a strategic "minerals against security" agreement, which would aim to pacify the east of the country in exchange for preferential conditions for American investors in the mining sector, while facilitating a peace agreement between the DRC and Rwanda. While the signing of these two agreements is announced for the end of the month, the DRC's posture in the AVZ–KoBold file intrigues.
Pierre Mukoko
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Manono's Lithium: AVZ freezes its dispute with the State to facilitate the offer of KoBold
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