ICSID

[Frank]

 

[Dave Evans]

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)​

(a) Original Proceeding​

Date	Development
June 8, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
July 25, 2023	Following appointment by the Claimants, Salim Moollan (British/French/Mauritius) accepts his appointment as arbitrator.
August 25, 2023	Following appointment by the Respondent, Mohamed Shelbaya (Egyptian/French) accepts his appointment as arbitrator.
September 28, 2023	Following appointment by agreement of the parties Jan Paulsson (Bahraini/French/Swedish), accepts his appointment as presiding arbitrator.
September 28, 2023	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Jan Paulsson (Bahraini/French/Swedish), President, appointed by agreement of the parties; Salim Moollan (British/French/Mauritius), appointed by Claimants; and Mohamed Shelbaya (Egyptian/French), appointed by Respondent.
November 6, 2023	The Claimants file a request for provisional measures.
November 6, 2023	The Tribunal holds a first session by video conference.
November 13, 2023	The Respondent files observations on some of the Claimants’ requests for provisional measures.
November 20, 2023	The Tribunal issues Procedural Order No. 2 concerning provisional measures.
November 20, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 11, 2023	The Tribunal holds a hearing on provisional measures by video conference.

 

[Dave Evans]

17/01/2024
Mr_Tones83 Posted

a) Original Proceeding

Date	Development
June 8, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
July 25, 2023	Following appointment by the Claimants, Salim Moollan (British/French/Mauritius) accepts his appointment as arbitrator.
August 25, 2023	Following appointment by the Respondent, Mohamed Shelbaya (Egyptian/French) accepts his appointment as arbitrator.
September 28, 2023	Following appointment by agreement of the parties Jan Paulsson (Bahraini/French/Swedish), accepts his appointment as presiding arbitrator.
September 28, 2023	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Jan Paulsson (Bahraini/French/Swedish), President, appointed by agreement of the parties; Salim Moollan (British/French/Mauritius), appointed by Claimants; and Mohamed Shelbaya (Egyptian/French), appointed by Respondent.
November 6, 2023	The Claimants file a request for provisional measures.
November 6, 2023	The Tribunal holds a first session by video conference.
November 13, 2023	The Respondent files observations on some of the Claimants’ requests for provisional measures.
November 20, 2023	The Tribunal issues Procedural Order No. 2 concerning provisional measures.
November 20, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 11, 2023	The Tribunal holds a hearing on provisional measures by video conference.
January 16, 2024	The Tribunal issues Procedural Order No. 3 concerning provisional measures.

Case Details | ICSID

icsid.worldbank.org

 

[Dave Evans]

From Filthy Rich

Schedule of Fees (2023) | ICSID

(Effective July 1, 2023) I. FEE FOR LODGING REQUESTS 1. Subject to paragraphs 2 and 3 below, the fee for lodging requests prescribed by the applicable Administrative and Financial Regulations is US$25,000. This non-refundable fee is payable to the Centre by a party: (a) requesting the...

icsid.worldbank.org

 

[tolate]

Manono Lithium: Rachida Dati and Olivier Pardo to represent DRC in ICSID arbitration with AVZ Minerals​

The two French lawyers have already represented the Congolese government in arbitration against companies owned by businessman Dan Gertler. They support it on a new front – alongside several local firms – in the highly strategic Manono lithium case.

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03/07/2023 at 14h08, by Africa Business+
The arbitration was launched on 8 June by Australian company AVZ Minerals at the World Bank‘s International Centre for Settlement of Disputes (ICSID). AVZ accuses the DRC of failing to fulfil its obligations under the Mining Code, mainly by refusing to grant it an operating licence for the Manono lithium project in the province of Tanganyika.
AVZ, which has controlled the area since 2016, is represented in the case by DLA Piper‘s Paris and Madrid offices, including partners Michael Ostrove, co-head of the firm’s arbitration group, and T. Alexander Brabant, a member of the firm’s Africa board.
For its part, DR Congo has appointed five law firms to advise it in the case involving Manono, a project considered one of the world’s largest hard-rock lithium deposits, with 400 million tonnes of ore grading 1.65%.
This includes the cabinet of Rachida Dati, former French Minister of Justice (2007-2009), former MEP and current Mayor of the 7th arrondissement of Paris since 2008. Another French firm, Oplus, founded by Olivier Pardo, advises the DRC against AVZ. A former magistrate, Pardo has acted as counsel in several high-profile cases, defending Equatorial Guinea in the ‘ill-gotten gains’ case, Ziad Takkiedine in the Karachi bombings and, most recently, polemicist and candidate in the 2022 French presidential election, Eric Zemmour.
Cabinet Rachida Dati and Oplus advised the Congolese government in 2021 in arbitration against two companies owned by Israeli billionaire Dan Gertler over oil licences that the DRC was trying to recover. The blocks were returned to the state as part of an agreement with Gertler last year, ending the case against the businessman.
In addition to these firms, the Congolese State has appointed Kinshasa-based firms, namely Adombe & Associés, Mulenda and BND Lawyers & Associates.
In parallel with the ICSID arbitration, several other legal or arbitration proceedings have been initiated concerning the Manono lithium project, involving its co-shareholders – AVZ, the state-owned company Cominière and Dathomir, owned by Chinese businessman Simon Cong – as well as companies claiming rights to the site, in particular the Chinese group Zijin Mining.
Litigation funder Omni Bridgeway announced in late 2022 that it had agreed to fund a class action lawsuit against AVZ by its shareholders due to the fall in the value of the company’s shares. Omni Bridgeway is now inviting interested shareholders to come forward by 31 August.

Redirect Notice

What amazes me the ICSID fees haven’t been paid and the ICSID matter Suspended