Dave Evans
Regular
The legal action for Jin Cheng was brought by them and the Dathomir case brought by us happened before the ICSID claim was registered.
Under the DRC mining code we could only apply for the ICSID after the ML was revoked which happened after both of those cases.
Where are Cominiere and Zijin trying to use jurisdiction against AVZ?
1a) Cominiere illegally sells 15% of Dathcom to Jin Cheng
ROFR against AVZ when Cominiere illegally sold 15% shares in Dathcom to Jin Cheng at $120 below its valuation and squandered (embezzled) the money (all shown in the IGF Report
1b) AVZ files response to Jin Cheng Claim of 15% in Dathcom in ICC: 17/06/2022
AVZ states FROR in Shareholders Agreement on 27/01/2017
https://announcements.asx.com.au/asxpdf/20220617/pdf/45b0t4y40cmqw4.pdf
*Arbitration Update: 09/09/2022
AVZ files law suits in ICC (to block Zijin) in November 2021 and January 2022 to block Zijin in the Commercial Court of Lubumbashi
*Arbitration Update: 20/10/2022
2) AVZ initiates Tribunal action against Dathomir over SPA’s: 08/12/2022
3) Mining Decree Cancelled: 28/01/2023
DRC Ministry of Mines and CAMI revoking AVZ’s Mining Decree and removing AVZ (Dathcom’s) PR13359 from the CAMI Map Portal. Reasons given:
Unharmonious and unhealthy relationship between shareholders in Dathcom
Ongoing conflicts, disagreements and differences between shareholders
https://announcements.asx.com.au/asxpdf/20230206/pdf/45lb934rh2k8tn.pdf
4) Dathomir files for early dismissal of SPA’s on grounds of jurisdiction: 08/02/2023
5) AVZ purchases of 15% of Dathomir’s shares in Dathcom
*Arbitration Update: 22/03/2024
6a) AVZ Begins Arbitration Against Cominiere For Breach Of FROR & Termination Of Dathcom: 17/04/2023
6b) Cominiere’s termination of the Dathcom JV Project: 17/04/2024
Not advancing the project fast enough
Jurisdictional challenges to:
a) AVZ FROR
b) Jin Cheng claims to Dathcom shares
c) Dathomir challenges SPA jurisdiction
Separate issues:
a) ICSID ruling on DRC Mines Ministry and CAMI revoking Dathcom’s PR13359 and removal from CAMI Map
Only thing left (I think) is if Cominiere, Jin Cheng and Dathomir are claiming jurisdiction belongs with either Kalemi High Court; The Commercial Court in Lubumbashi; or the Sovereign State of the DRC….
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