ICSID

[MoneyBags1348]

03/10/2023
Carlos Posted

Case Details | ICSID

icsid.worldbank.org

 

[Dave Evans]

07/11/2023
Bin59 Posted

From HC

Here’s the link:

Case Details | ICSID​

icsid.worldbank.org

 

[Dave Evans]

07/11/2023
Bin59 Posted

Cases​

Case Details​

AVZ International Pty Ltd., Dathcom Mining SA and Green Lithium Holdings Pte Ltd. v. Democratic Republic of the Congo (ICSID Case No. ARB/23/20)​

​

• Subject of Dispute:
  Mining concession
• Economic Sector:
  Oil, Gas & Mining
• Instrument(s) Invoked:
  Law – Mining Code
• Applicable Rules:
  ICSID Convention - Arbitration Rules

• (a) Original Proceeding​

  • ​

  • Claimant(s)/Nationality(ies):
    Green Lithium Holdings Pte Ltd. (Singaporean), AVZ International Pty Ltd. (Australian), Dathcom Mining SA (Congolese (D.R.))
  • Respondent(s):
    Democratic Republic of the Congo (Congolese (D.R.))
  • Date Registered:
    June 8, 2023
  • Date of Constitution of Tribunal:
    September 28, 2023

  • Composition of Tribunal​

  • President:
    Jan PAULSSON (Bahraini, French, Swedish) - Appointed by the Parties
  • Arbitrators:
    Salim MOOLLAN (French, Mauritian) - Appointed by the Claimant(s)
    Mohamed SHELBAYA (Egyptian, French) - Appointed by the Respondent(s)

  • Party Representatives​

  • Claimant(s):
    DLA Piper, Paris, France and Madrid, Spain
  • Respondent(s):
    Rachida DATI, Paris, France
    SELAS OPLUS, Paris, France
    Cabinet Adombe & Associés, Kinshasa, Democratic Republic of the Congo
    Cabinet Mulenda, Kinshasa, Democratic Republic of the Congo
    Cabinet BND LAWYERS & ASSOCIATES, Kinshasa, Democratic Republic of the Congo
  • Status of Proceeding:
    Pending
  • Latest Development:
    November 6, 2023 - The Tribunal holds a first session by video conference.

 

[netoo_sethi]

Case Details | ICSID

icsid.worldbank.org

 

[Dave Evans]

14/11/2023
9cardomaha posted

ICSID emergency ruling coming soon, ahead of AGM it seems. Oh what a court can do when Z and C aren't a part of it....

Edit: not sure if ICSID is a domino just yet, don't have submission documents so can't tell what's been asked for.

My understanding of the case is that we filed against DRC for unlawful termination of 13359. So recent events like splitting and selling 15775 on the premise of termination violate the ongoing legal case, and hence the emergency request.

Seems pretty simple, not sure how good the DRC's team is and whether they are also using the delay tactics employed by Zijin. DRC also cited 'urgency' in the matter in their termination, so it makes it hard to request delays. Or at least that's how i'd argue the fucking thing.

Hoping for a favourable ruling - not sure what we asked for at ICSID, i'd say a cease order against DRC similar to the one we already got against Cominiere.

Writing this now, it feels like ICSID could be a domino. Z from memory opposed increasing emergency injunction against Cominiere because ‘the progress made and termination have all been orchestrated by the State not Cominiere, so the penalty against Cominiere is not valid given they are not the ones performing the actions, merely the recipient of favourable actions of the Government.' - obviously not verbatim, but that's the logic behind Fasken's argument in Paris.

 

[Dave Evans]

14/11/2023
Retrobyte Posted

The DRC's team includes someone well versed in brown paper bags .....

14/11/2023
Dazmac66 Posted

Olivier Pardo of Selas Oplus is the other lawyer representing DRC. Pardo has represented Dati in corruption cases as per the story below. Tangled web!

Former French minister Rachida Dati charged with corruption in Ghosn case​

France's financial crimes unit said Tuesday it had charged prominent rightwinger Rachida Dati, a former cabinet minister and close ally of ex-president Nicolas Sarkozy, over her dealings with disgraced…
www.france24.com


14/11/2023
Cumquat Cap Posted

How'd that work out for them last time:

DRC : French legal duo to represent Kinshasa in legal battles against Gertler and Dig Oil - 15/11/2021 - Africa Intelligence​

French counsel Olivier Pardo and ex-justice minister Rachida Dati have been chosen by the DRC to litigate against Israeli magnate Dan Gertler and South African oil outfit Dig Oil. - 11/15/2021
www.africaintelligence.com

 

[Dave Evans]

15/11/2023
Mr_Tones83 Posted

 

[Dave Evans]

20/11/2023
SilentOne Posted

ICSID UPDATE

Case Details | ICSID​

icsid.worldbank.org

 

[MoneyBags1348]

ICSID

 

[Dave Evans]

22/11/2023
9cardomaha posted

Massive win at ICC has trickled into ICSID, where the ICSID tribunal has taken notice of the measures that have been handed down:

ICSID has noted the following in OP2 (procedural order 2):

1. Suspend all work for PR 13359 and PR 15775 for entities other than Dathcom - so Manono lithium, Z and C can all fuck right off.
2. DRC (all ministerial departments, government authorities) to be restricted from taking any actions on the above-mentioned permits.

These are provisional at the moment with a hearing set for December 11 to hear the case and make these enforceable - expecting a verdict before Christmas.

 

[Dave Evans]

27/11/2023
9cardomaha posted

The updates on ICSID last week were to set a timetable for proceedings, and then also set the emergency requests of AVZ against the DRC. Procedural order 1 is the timeline:

1. November 23, 2023: DRC submits a response to the request for provisional measures.
2. November 30, 2023: AVZ file a reply to the request for provisional measures.
3. December 11, 2023: hearing on the request for provisional measures involving all parties.

As an emergency request, and having Christmas, this should be ruled on before 24th December. I believe we have a strong case, given our win at the ICC and the ICSID chairman even mentioning the ICC win as a basis for the final 'measures' which will be heard on 11th December.

AVZ's emergency requests

• Suspend PR 13359 and PR 15775.
• Halt all mining activities by entities other than Dathcom within the mentioned permits.
• Restrain the DRC from taking any administrative actions prejudicial to the Claimants' interests.

DRC just submitted their responses to these requests, saying they are 'just another tactic to stall the project' - herp derp.

DLA will respond by the 30th and make additional claims, counter arguements against DRC etc. The arbitrator will then issue final requests to be heard o the 5th December. I don't think they will increase or decrease, the three are likely to just remain as is. TICSID tribunal will also determine the fine or penalty for breaking the injunction before the hearing.

I believe that once we have the measures in place, we can start to discuss, also because DLA will be looking to submit damages claims after securing the injunctions. Which will provide more leverage on coming to a negotiated settlement.

For the actual timeline if we need to go through with it all, it is below:

1. March 1, 2024: Claimants submit a Memorandum.
2. July 26, 2024: Production of documents and objections deadline for both parties.
3. August 9, 2024: Claimants and Respondent provide responses to objections to document production.
4. September 27, 2024: Tribunal issues a decision on document production.
5. May 5, 2025: Identification of witnesses and experts for cross-examination by both Claimants and Respondent.
6. June 2-4, 2025 (June 5 reserved): Scheduled hearing involving all parties.

 

[Dave Evans]

29/11/2023
Cruiser51 Posted

AXINO CAPITAL

November 15, 2023

The proceedings before the ICSID are starting​

With its legal action, AVZ Minerals wants to force the government of Congo to fully apply the country's mining law with regard to the Manono project.

AVZ Minerals Ltd. (ASX: AVZ, FSE: 3A2), through its subsidiaries AVZ International Pty Ltd (AVZI) and Green Lithium Holdings Pte Ltd (GLH), together with Dathcom Mining SA (Dathcom), has entered into international arbitration against the Democratic Republic of the Congo under its Mining Law and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) before the International Center for the Settlement of Investment Disputes (ICSID) in Washington.

The purpose of the ICSID process is twofold. It is intended to support the Company's negotiations with the Government of the Congo and additionally provide remedies for non-compliance by government institutions, thereby encouraging the Democratic Republic of the Congo to comply with the Mining Law in relation to the exploration license PR 13359.

The ICSID tribunal has now been appointed. It consists of the chairman Jan Paulsson and the assessors Salim H. Moollan (appointed by AVZ International, GLH and Dathcom) and Mohamed Shelbaya, appointed by the Democratic Republic of Congo. At the first hearing in the ICSID process, which took place on November 6, 2023, the parties submitted statements on the planning of the process and are now awaiting the ICSID tribunal's decision on the further course of the process.

AVZ Minerals is defending itself against arbitrary steps by the government​

AVZ Minerals previously reported that since the start of the ICSID process, some government officials have been making decisions related to exploration license PR 13359 that violate the law by usurping Dathcom's lawful rights for the benefit of others. As no steps were taken to stop these developments, AVZ International, GLH and Dathcom were forced to take interim measures. They include an urgent order maintaining the status quo and an order confirming or restoring ownership of PR 13359 to Dathcom.

Regarding the application for interim measures, the ICSID tribunal ordered that the State file a response to the action by November 20, 2023. AVZ Internaltional, GLH and Dathcom will submit a response to this by November 27, 2023. The state will then be given until December 4, 2023 to submit a rejoinder. A two-hour virtual hearing on the matter has been scheduled for December 11.

An early termination of the ICSID procedure is still possible​

AVZ Minerals reiterates that it is simply about upholding the rule of law in the Democratic Republic of Congo. This is a necessary basis for the development of the Manono Project, including the resolution of the disputes with Cominière, Dathomir Mining Resources SARL (Dathomir) and the Zijin Mining Group. The rule of law will continue to encourage future foreign investment in the Democratic Republic of Congo, thereby promoting the interests of the Congolese people.

AVZ Minerals admits that Cominière is currently an opponent of AVZ, which is clear from various activities in the recent past. However, due to its relationship with the government of the Democratic Republic of Congo, AVZ Minerals, unlike other commentators on the case, does not believe that the government as a whole is opposed to AVZ or its involvement in the Manono Project. The residents of the Manono District, as direct beneficiaries of the development of the Manono Project, along with the residents of Tanganyika Province, have also provided significant support to AVZ Minerals to date.

The signing of a binding declaration of intent proposed to AVZ Minerals's opponents therefore remains a viable option. It would provide for a suspension of the ICSID process while the Congo government takes the necessary steps to comply with the country's mining law. At this point, the ICSID procedure could be withdrawn.

 

[Dave Evans]

Democratic Republic of the Congo - United States Department of State

www.state.gov

ICSID Convention and New York Convention

The DRC is a member of the International Center for Settlement of Investment Disputes (ICSID) Convention and a Contracting State to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). It is important to note that the New York Convention does not apply toward disputes relating to immovable property, which includes mining rights.

Investor-State Dispute Settlement

The DRC is subject to international arbitration. A U.S. mining company sued under the BIT to recover losses suffered when FARDC troops sacked its mine in Kasai Central Province in 1995. The arbitration courts ruled the GDRC liable for damages totaling USD 13 million, and the GDRC started paying back the awarded amount plus interest to the U.S. company.

 

[Dave Evans]

29/11/2023
Cruiser51 Posted

AXINO CAPITAL

November 15, 2023

The proceedings before the ICSID are starting​

With its legal action, AVZ Minerals wants to force the government of Congo to fully apply the country's mining law with regard to the Manono project.

AVZ Minerals Ltd. (ASX: AVZ, FSE: 3A2), through its subsidiaries AVZ International Pty Ltd (AVZI) and Green Lithium Holdings Pte Ltd (GLH), together with Dathcom Mining SA (Dathcom), has entered into international arbitration against the Democratic Republic of the Congo under its Mining Law and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) before the International Center for the Settlement of Investment Disputes (ICSID) in Washington.

The purpose of the ICSID process is twofold. It is intended to support the Company's negotiations with the Government of the Congo and additionally provide remedies for non-compliance by government institutions, thereby encouraging the Democratic Republic of the Congo to comply with the Mining Law in relation to the exploration license PR 13359.

The ICSID tribunal has now been appointed. It consists of the chairman Jan Paulsson and the assessors Salim H. Moollan (appointed by AVZ International, GLH and Dathcom) and Mohamed Shelbaya, appointed by the Democratic Republic of Congo. At the first hearing in the ICSID process, which took place on November 6, 2023, the parties submitted statements on the planning of the process and are now awaiting the ICSID tribunal's decision on the further course of the process.

AVZ Minerals is defending itself against arbitrary steps by the government​

AVZ Minerals previously reported that since the start of the ICSID process, some government officials have been making decisions related to exploration license PR 13359 that violate the law by usurping Dathcom's lawful rights for the benefit of others. As no steps were taken to stop these developments, AVZ International, GLH and Dathcom were forced to take interim measures. They include an urgent order maintaining the status quo and an order confirming or restoring ownership of PR 13359 to Dathcom.

Regarding the application for interim measures, the ICSID tribunal ordered that the State file a response to the action by November 20, 2023. AVZ Internaltional, GLH and Dathcom will submit a response to this by November 27, 2023. The state will then be given until December 4, 2023 to submit a rejoinder. A two-hour virtual hearing on the matter has been scheduled for December 11.

An early termination of the ICSID procedure is still possible​

AVZ Minerals reiterates that it is simply about upholding the rule of law in the Democratic Republic of Congo. This is a necessary basis for the development of the Manono Project, including the resolution of the disputes with Cominière, Dathomir Mining Resources SARL (Dathomir) and the Zijin Mining Group. The rule of law will continue to encourage future foreign investment in the Democratic Republic of Congo, thereby promoting the interests of the Congolese people.

AVZ Minerals admits that Cominière is currently an opponent of AVZ, which is clear from various activities in the recent past. However, due to its relationship with the government of the Democratic Republic of Congo, AVZ Minerals, unlike other commentators on the case, does not believe that the government as a whole is opposed to AVZ or its involvement in the Manono Project. The residents of the Manono District, as direct beneficiaries of the development of the Manono Project, along with the residents of Tanganyika Province, have also provided significant support to AVZ Minerals to date.

The signing of a binding declaration of intent proposed to AVZ Minerals's opponents therefore remains a viable option. It would provide for a suspension of the ICSID process while the Congo government takes the necessary steps to comply with the country's mining law. At this point, the ICSID procedure could be withdrawn.

29/11/2023
9cardomaha posted

AXINO CAPITAL

November 15, 2023

Regarding the application for interim measures, the ICSID tribunal ordered that the State file a response to the action by November 20, 2023. AVZ Internaltional, GLH and Dathcom will submit a response to this by November 27, 2023. The state will then be given until December 4, 2023 to submit a rejoinder. A two-hour virtual hearing on the matter has been scheduled for December 11.
Click to expand...

Very interesting timestamp...

AXINO got the earlier draft submissions, below final timetable - December 11 hasn't shifted, but the responses are different.

 

[MoneyBags1348]

02/12/2023
SilentOne Posted

Case Details | ICSID​

icsid.worldbank.org

Provisional Measures - ICSID Convention Arbitration (2022 Rules)​

Except as the parties otherwise agree, the Tribunal may recommend any provisional measures necessary to preserve the parties’ rights (Article 47of the ICSID Convention, Arbitration Rule 47).
For example, a party may request provisional measures to:

• prevent action that is likely to cause current or imminent harm to that party or prejudice to the arbitral process (e.g., preventing prejudicial interference by one party)
• maintain or restore the status quo (e.g., staying parallel domestic or arbitral proceedings, or staying the execution of administrative decisions)
• preserve evidence that is relevant to the resolution of the dispute.

Provisional measures may be sought at any time during the proceeding. The party requesting provisional measures must specify the rights to be preserved, the measures requested, and the circumstances that require such measures (Arbitration Rule 47(2)(a)). The Tribunal determines the briefing schedule in consultation with the parties, unless the request is made before the constitution of the Tribunal, in which case the Secretary-General of ICSID fixes the time limits for written submissions (Arbitration Rule 47(2)(c)).

The Tribunal may hold a hearing but is not required to, and it must issue its decision within 30 days after its constitution (if all submissions have been previously filed) or after the last submission on the request (if that submission is filed after Tribunal constitution).

The Tribunal must consider all relevant circumstances when deciding whether to recommend a provisional measures. In particular, the Tribunal must consider whether the measures are necessary and urgent, and the effect that they may have on each party (Arbitration Rule 47(3)).

Parties must disclose any material change in the circumstances upon which the provisional measures were recommended (Arbitration Rule 47(5)).

The Tribunal may recommend, modify or revoke provisional measures on its own initiative or at the request of a party after giving each party an opportunity to present its observations (Arbitration Rule 47(6)).

A party can request provisional measures from a judicial or other authority provided that it is authorized to do so under the instrument of consent.

Requests for Security for Costs are addressed pursuant to Arbitration Rule 53.

 

[Dave Evans]

04/12/2023
9cardomaha posted

ZJ v AVZ - ICC

Claim: AVZ does not recognize Zijin as a shareholder in Dathcom (15% ROFR)

Sep 2023 - hearing on jurisdiction completed
Nov 2023 - submissions on jurisdiction
Feb 2024 - verdict on jurisdiction - likely to rule in our favour

Nov 2023 - emergency submission to throw the case out in light of 15775 and the return of shares in Dathcom.
Dec 2023 - ruling on emergency submission to throw the case out - pending, but unlikely


AVZ v Dathomir - ICC

Claim: 10% from Dathomir which has been illegally terminated

Oct 2023 - provisional measures requested by AVZ to remove Dathomir's request to dissolve DATHCOM JV (given it is no longer part of the JV)
Verdict pending, highly likely to rule in our favour, Jan 2024


AVZ v Dathomir - ICC

Claim: 5% from Dathomir which has been illegally terminated

DLA requested consolidation with the above case to address all 15% at once.
Verdict will likely come alongside the provisional measures, likely to consolidate.


AVZ v Cominiere - ICC

Claim: Cominiere illegally terminated JVA and breached contractual obligations (including ROFR)

May 2023 - Emergency injunction 1 granted, 50k euros daily penalty for any action cominiere takes with adverse effects to Dathcom
Nov 2023 - Emergency injunction 2 granted, additional 50K penalty which now includes 15775 and restricts cominiere from working on the tenement
Dec 2023 - Panel constituted and hearing on measures for enforcement.
Verdict likely to come mid Jan 2024 on the enforcement of Emergency Injunction, before going into other remedies and issues


Cominiere + ZJ v AVZ - ICC

Claim: AVZ triggered ministerial decree 00031, and detractors claiming damages of $1b

Sep 2023 - ICC refused ZJ's request to delay and consolidate case with ZJ v AVZ.
Dec 2023 - Tribunal to be constituted followed by submissions
Verdict won't come till late 2024 - pure fund drainer IMO


AVZ v DRC - ICSID

Claim: DRC breached mining code and unlawful termination of 13359

Oct 2023 - AVZ files emergency request to maintain status quo
Nov 2023 - ICSID takes note of ICC and issues provisional measures to be heard in Dec 2023
Dec 2023 - first virtual hearing 11th Dec
Verdict will come before Christmas to order complete stop of development at Manono by companies other than Dathcom.

 

[Dave Evans]

04/12/2023
9cardomaha posted

So Zijin are drilling the north, our Management seem to not be phased by this but it worries me greatly - they are purposely making themselves entrenched yet Nigel says no worries, assume that's just a front and do not trust his judgement given what he has said the last 2 years.

These guys care little for international laws its fkn mental

It's the way Fasken has been arguing the cases - ZJ is not part of the proceedings, so the Arbitrator does not have the authority to order their subsidiary to stop works. Cominiere sitting idle but ZJ continuing to drill is technically not in breach of the injunction etc.

But ZJ communicating with Cominiere and CKK the dumbfuck keeps posting 'their' magnificent work on X.... So let's get to enforcement of EA and then see who's laughing.

My comment on Fasken getting in on ICSID being not ideal for us still remains true, but i don't think ICSID will say it doesn't have jursidiction.... So bring on provisional measures from ICSID and then apply international legal pressure on ZJ not just Cominere.

 

[Frank]

The World Bank will invest five billion dollars to electrify Africa

Through the International Development Association (IDA), dedicated to the poorest countries, the World Bank wants to invest five billion dollars, notably in the form of donations or loans at very favorable rates, for the development of electrification.

It also hopes to raise 10 billion in additional financing via public-private partnerships.

Rwanda, São Tomé and Principe, Somalia and Tanzania - considered the countries leading the way in the field - are the first four countries which will benefit from this envelope.

Six projects have already been approved for a sum of approximately one billion dollars.

This financing is particularly dedicated to infrastructure: the construction or renovation of electrical lines, or the development of renewable energy sources, particularly in areas located outside the central networks.

The rest of the sum, almost three billion dollars, must still be raised during the next IDA fundraising, to ultimately support 20 countries.

However, this financing system is not sustainable, warns the President of the World Bank.

He assures that more funds are needed, but also to reform the system to go faster and be more efficient.

The president of the World Bank wants to expand electricity networks in Africa to reduce poverty, by promoting the development of trade and agriculture, but also improve food security and health systems.


*Instead of throwing $$$$$$ at the "electrification problem",

Why don't they call the ( DRC etc ) out on Corruption and tell them to award the Fuckin' ML to AVZ instead

Oh, and tell those Cunts from China to Fuck off and Stop trying to Steal Manono and their only Hydro Power source as well

 

[Dave Evans]

15/12/2023
9cardomaha posted

Re the ICISD case, what are the direct resolutions/remedies we are hoping to get out of it?

I know the original announcement says:
... seek various remedies for the failure of the DRC and its administrative departments, to comply with obligations under the DRC Mining Code, in particular the implementation of the various measures that should have led to the issuance of an Operating Permit to Dathcom...

But what will be the actual outcomes?

-$$ Compensation for the whole mess and delays?
-Confirmation that they will review and issue the ML etc to Dathcom (which will be legally binding)
-Fast-track of fixing all the errors and getting a clean slate? (eg unwinding the PR13359 back to Dathcom and issuing the correct Surface Rights notice, so we can pay and play on?
-Some sort of high level overview/oversight of all the dealings moving forward to ensure they are within the law and framework?
-Some form of specialty team to deal with AVZ directly from the Mining/Admin perspective?
-Some form of goodwill gesture to compensate for the lost time and revenue?

Just curious on what kind of solid outcomes we might have, assuming it is in AVZ's/Dathcom's favour etc.
And if this is all binding, will it give us the path back to trading early in the new year, pending the ASX having a read and signing off.
Click to expand...

Virtual hearing from Monday was for provisional measures to maintain the status quo - which translates to, orders to ensure no more shit fuckery until the ICSID has ruled on our request.

To that end, we would expect (before Christmas):

• Suspension of PR 13359 and PR 15775.
• No work to be done on 13359/15775 by any company other than Dathcom - Zijin is working on the north because 'the injunction is against Cominiere, so we can do what we want'.
• Restrain the DRC from taking any administrative actions prejudicial to Dathcom's interests - no more going around ordering CAMI to update registry or anything else like that.
• Daily penalty against anyone who is in breach - value of penalty please see ICC.

Pursuant to getting the provisional measures, we continue to play hardball and use the ICC and ICSID leverage to negotiate for what is rightfully ours.

DRC continue to ask us to drop all cases before negotiations... Herp no thank you.
But BOD would likely drop cases when the detractors offer up something resembling a fair offer - obviously some give and take from both sides. But no way in fucking hell would we ever preemptively drop cases on their 'goodwill'.

 

[Dave Evans]

23/12/2023

9cardomaha has the latest information. I just thought I would update the link below

Case Details | ICSID

icsid.worldbank.org

https://icsid.worldbank.org/cases/case-dating