Fasken Lawyers

[Dave Evans]

Chinese conglomerate Zijin Mining’s name has been linked with human rights violations, labour exploitation, deaths of workers, pollution and environmental damages, a range of other violations including bribery and fraud in Africa and other countries as well as being convicted multiple times for the same offence and being fined below the legal minimum

ZIJIN OPERATING IN THE DRC

Multiple media sources report that Chinese mining company Zijin Mining while operating in Africa (the DRC, Guyana and other states) and other countries has committed bribery, illegal fraud, threatening Mines.cd founding journalist with death, human rights and other violations in Kolwezi...

thestockexchange.com.au

https://www.mining.com/most-miners-lag-behind-in-human-rights-issues-report/#:~:text=Based%20on%20the%20foundation's%20Responsible,on%20human%20rights%2Drelated%20issues

In less than a year, the company Zijin was convicted four times for the same commercial offence, each time fined below the legal minimum - RERI

In less than a year, the company Zijin was convicted four times for violating the Law on Mining and Geological Research, for which it was ordered to pay a

reri.org.rs

Fasken lawyers have been defending Zijin Mining in arbitration against AVZ Minerals in which AVZ has won every finding handed down by the ICC (International Chamber of Commerce) and ICSID (International Centre for Settlement of Investment Disputes)

https://announcements.asx.com.au/asxpdf/20230508/pdf/05pgtwvs1482j9.pdf

https://announcements.asx.com.au/asxpdf/20231117/pdf/05xgd2s91x97y0.pdf

https://static1.squarespace.com/static/5934d2ae6b8f5beeb5ba23f3/t/65a8c1e5715dc369047d570d/1705558501784/20240118+ASX+AVZ+Successful+in+ICSID+Interim+Measures.pdf

https://static1.squarespace.com/static/5934d2ae6b8f5beeb5ba23f3/t/65f8fcdc46dd925dca503021/1710816476563/20240319++ASX+AVZI+Successfully+Defends+Against+Jin+Cheng+ICC+Proceedings+-+Eng.pdf

The DRC’s own Inspector General of Finance found the sale of shares by DRC mining company Cominiere to Zijin subsidiary Jin Cheng was illegal yet Fasken lawyers continue to stall the arbitration and penalties handed down by the ICC and ICSID in an effort seemingly designed to drain AVZ of funds

https://static1.squarespace.com/static/5934d2ae6b8f5beeb5ba23f3/t/638ee2df77e76824d82d6fff/1670308576126/20221130+-+IGF+Report+on+the+Management+of+DRC+Mining+Assets+by+COMINIERE+SA+-+ENG.pdf

On Fasken’s website, they state that they are advancing the ICC arbitrational disputes but they appear to be stalling them NOT advancing them

Fasken’s lawyers defending Zijin are shown below

https://www.fasken.com/en/solution/clientwork/2023/10/zijin-mining-jin-cheng-mining-and-cominiere-advance-international-arbitration-disputes

 

[Dave Evans]

On Fasken’s website, they state that they are advancing the ICC arbitrational disputes but they appear to be stalling them NOT advancing them

https://www.fasken.com/en/solution/clientwork/2023/10/zijin-mining-jin-cheng-mining-and-cominiere-advance-international-arbitration-disputes

Fasken lawyers have also been referring to the following article written by Thompson Reuters, which contains a number of fallacies

China's Zijin says will advance disputed, giant Congo lithium project​

By Siyi Liu and Felix Njini
October 25, 2023

The company logo of Zijin Mining Group Co Ltd, China's biggest listed gold producer, is displayed at a news conference following its annual results in Hong Kong, China March 29, 2016

• Summary
• Companies
• Australia's AVZ says it has legal rights over Manono lithium
• Zijin says will fund development of giant lithium deposit

BEIJING/NAIROBI, Oct 25 (Reuters) - China's Zijin Mining said it will defend its right to advance the contested Manono Lithium mine in the Democratic Republic of Congo (DRC), after it was granted permission to develop the deposit.

The permit to develop one of world's largest hard rock deposits of the mineral initially belonged to Australian AVZ Minerals but was revoked in February by the DRC's mines ministry that said the company had not developed it fast enough.

China's top gold and copper miner, Zijin has been snapping up lithium assets in recent years in South America as well as Africa, to produce the metal used in electric vehicle batteries.

Manono Lithium SAS, a joint venture through which Zijin subsidiary Jinxiang Lithium owns a 61% stake and DRC'S state-owned Cominiere the remaining interest, was granted rights over the northeast tenement of the Manono mine, the company told the Hong Kong Stock Exchange on Tuesday.

AVZ, which said it owns the Manono project through its unit Dathcom Mining SA, has pending legal challenges against Cominiere and another unit of Zijin.

Zijin is committed to developing the project with Cominiere, the DRC, local stakeholders and the DRC people, Chen Chen, legal counsel for Zijin Mining, told Reuters on Wednesday.

"We cannot speculate as to what legal issues will arise in the future, but will defend the new joint venture so that work on the northern tenement may continue for the benefit of the DRC and its local communities," she said.

AVZ, which was worth A$2.8 billion ($1.79 billion) when it de-listed from the Australian stock exchange last year said it owns the project.

"AVZ has been in constructive negotiations with the DRC government to establish a pathway to grant the mining licence and the resolution of arbitrations between AVZ and DRC controlled entities," it told Reuters on Wednesday.

Chinese companies and battery manufacturers are increasing investments across Africa to expand output for copper, cobalt and lithium, metals that needed for the world's green transition and growth in battery electric vehicles.

The giant Manono deposit "has strong potential to become the first to-production lithium project for Zijin in Africa and the DRC," Jian Heyuan, general manager of Manono Lithium told Reuters.

Zijin, which owns a 39.6% in Kamoa-Kakula Copper Mine, will take the lead to advance the lithium project, including providing "sufficient funds" and technical support, it said.

A mine could be constructed within two years after studies are completed and "there are conditions for large-scale, open pit mining and also promising development prospects," Zijin said.

China's Zijin says will advance disputed, giant Congo lithium project

China's Zijin Mining said it will defend its right to advance the contested Manono Lithium mine in the Democratic Republic of Congo (DRC), after it was granted permission to develop the deposit.

www.reuters.com