THE AVZ MINERALS STORY

Dave Evans

Regular
AVZ Minerals Videos

 
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Some terrific information with links, posted by @JAG and @Mute22 today.

The ICC Arbitration Rulings against Cominiere and Media Coverage relating to AVZ’s cases and the corruption AVZ has been fighting in the DRC since 2022


JAG

Top 20​

The full transcript is a read and a half.
The delays, the tactics and even the balls to ask the emergency arbitrator to have AVZ pay all legal costs even after we won 🤣 fucking clowns.

https://avzminerals.com.au/s/20250310-27720-SVE-Copie-de-Courtoisie-de-la-Sentence-Partielle_en.pdf


Mute22

Regular​

We’ve had more media coverage in the past 24 hours than in the last three years—so let’s keep the momentum going.

I’ve linked all the coverage below, and I expect even more in the next 48 hours, I will keep this updated:
Media pressure works. It’s the fastest way to get legislative attention, and right now, we have it.

Fantastic work fellas 👊💥
 
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Dave Evans

Regular
14/03/3025

ICC Award Penalty Against Cominiere Of €39 Million




IMG_9252.jpeg





15/03/2025

US Moves to Support AVZ in Congo Lithium Dispute​

US Moves to Support AVZ in Congo Lithium Dispute


The United States is preparing to intervene in the ongoing dispute over the Manono lithium project in the Democratic Republic of Congo (DRC). The Australian reported that Washington aims to back Australian company AVZ Minerals in its legal battle to reclaim the lithium asset.

The US intervention aligns with its broader strategy to secure critical minerals and limit Chinese control over key global resources.

AVZ Secures Legal Victory Against DRC

AVZ Minerals announced a legal win on Friday against the DRC and China’s Zijin Mining over the Manono lithium mine. The International Court of Arbitration of the International Chamber of Commerce (ICC) ordered DRC’s state-owned Cominiere to pay a €39.1 million ($42.46 million) penalty for failing to comply with previous rulings.

Picture1-1.png

Figure 1: The Manono Lithium Mine

The dispute began after the DRC revoked AVZ’s mining permit in 2023, citing slow project development. The rights were later transferred to a unit of Zijin Mining, leading AVZ to challenge the decision in arbitration.

AVZ stated it would explore options to recover the penalty and is in early discussions with US-based entities to secure funding for the Manono project.

Manono Lithium Dispute Intensifies

AVZ asserts it holds legal rights over the entire deposit, but DRC authorities split the licence, allowing Zijin to proceed with mining operations in the northern section. AVZ is seeking redress through international arbitration, though previous favourable rulings have not been enforced.

US Plans for Manono Project

The US government aims to ensure the southern section of the Manono project is returned to AVZ. In exchange, AVZ is expected to sell the asset to a US entity.

A US State Department spokesperson confirmed ongoing discussions with DRC officials regarding responsible investment in critical minerals.

“The US has and continues to work with our DRC partners to boost US private sector investment in the DRC to develop mining resources in a responsible and transparent manner that contributes to the strength and prosperity of both the DRC and the US,” the spokesperson stated.

Geopolitical Ramifications of US Involvement

The dispute over Manono comes amid rising tensions between the US and China over global supply chains for critical minerals. Washington views Zijin as a state-controlled entity and seeks to limit its influence.

US officials reportedly plan to allow Zijin to retain control over the northern section of Manono to avoid direct conflict with China.

AVZ’s Struggles and US-CATL Tensions

AVZ, once valued at AUD 4.6 billion, faced significant setbacks after losing control of Manono. The company was delisted from the ASX in 2024 following a trading suspension in 2022.
Picture2-1.png

Figure 2: AVZ faced major setbacks after losing control of Manono
The US government has also raised concerns over AVZ’s financial ties to China’s Contemporary Amperex Technology Co. Limited (CATL), the world’s largest electric vehicle battery manufacturer. In January 2024, CATL provided AVZ with USD 20 million in funding.

In the same month, the US Department of Defence designated CATL as a “Chinese military company.” CATL has denied engaging in any military-related activities.

DRC’s Balancing Act Between US and China

DRC President Félix Tshisekedi is reportedly seeking a strategic agreement with the US to address security challenges, including conflicts with Rwandan-backed M23 rebels.

Jean Bele, a DRC businessman and physicist, highlighted the country’s complex position between the US and China.

“It is a very tricky situation,” Bele said. “US investment requires the respect of the environment, of human rights, and the many other things. Chinese investment is not doing that now.”

Chemaf Copper and Cobalt Dispute

Beyond the lithium dispute, the US is also monitoring another critical minerals conflict involving Chemaf Resources, a DRC-based copper and cobalt miner.

DRC’s state-owned mining company, Gécamines, has offered to acquire Chemaf to prevent China’s Norinco from expanding its interests in the country’s mining sector.

Picture3-1.png

Figure 3: US is monitoring conflict involving Chemaf Resources

Norinco already owns the Comika and Lamikal mines in partnership with Gécamines. The US sanctioned Norinco in 2021.

Future of US Investment in DRC

Washington seeks a critical minerals partnership with the DRC to counter China’s dominance and secure resources for defence and electrification.

“The US is open to discussing partnerships aligned with the Trump administration’s America First Agenda,” a State Department spokesperson said.
Jean Bele welcomed US investment, saying it promotes legal compliance, unlike some Chinese firms accused of bribery.

The lithium, copper, and cobalt disputes highlight the DRC’s central role in the US-China struggle for critical minerals.

 
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Dave Evans

Regular
08/05/2025
AUSTRALIAN ARTICLE


Aussie miner AVZ in sale agreement with Gates, Bezos-backed KoBold

Perth-based AVZ Minerals has defied the odds to reach a geopolitically significant deal to sell a giant lithium project in Africa to a US company backed by Bill Gates and Jeff Bezos.

The deal between AVZ and KoBold Metals over the Manono project in the Democratic Republic of Congo shapes as the linchpin in a critical mineral pact between the Trump administration and the strife-torn nation.

Both the US government and DRC president Felix Tshisekedi are understood to support the deal between AVZ and KoBold thrashed out in Washington.

The sale price remains unclear but the deal is set to trigger an initial investment of more than $US1bn ($1.55bn) in Manono from KoBold, and is a rebuff to Chinese interests in Africa.

AVZ’s market capitalisation got to $4.6bn in 2022 on high hopes for Manono but fell from grace as it lost control of the massive hard rock deposit that has been likened to the world leading Greenbushes lithium mine in Western Australia.

In a joint statement, AVZ and KoBold said they recognised that “rapid, ethical development of the Manono lithium deposit should play a role in supporting peace and security”.

Their deal was struck against a backdrop of the DRC seeking US protection from Rwanda-backed M23 rebels that have caused havoc and overrun parts of the resources-rich country.

The statement, signed by AVZ chief executive Nigel Ferguson and his KoBold counterpart Kurt House, said they had advanced the peace process by reaching consensus on a commercial framework to enable the rapid development of Manono.

“This framework entails AVZ selling its commercial interest in the Manono lithium deposit to KoBold for fair value,” it said.

“The agreement will enable KoBold to rapidly deploy more than $US1bn to bring the Manono lithium to Western markets.

“The development of Manono will create thousands of high paying Congolese jobs for decades. AVZ enthusiastically endorses KoBold’s approach to investing in local talent.”

AVZ and KoBold said they were working with “all possible speed” to conclude the sale.

“AVZ and KoBold are working cooperatively with all stakeholders, including the US government, the DRC government, and AVZ’s current development partner,” they said.

The Australian understands Mr Tshisekedi has given his blessing to the AVZ-KoBold deal. Mr Tshisekedi is thought to have told US special envoy Massad Boulos and other stakeholders that he’d been looking for a solution to the Manono “problem” for a long time and found it in the AVZ-KoBold agreement.

AVZ scored a partial victory over the DRC and giant Chinese miner Zijin in the International Court of Arbitration of the International Chamber of Commerce (ICC) in March.

The company, whose shares were delisted in 2024, maintains the DRC acted illegally by taking over its permit over the whole of Manono and then awarding the northern portion to a Zijin subsidiary in September 2023.

AVZ will propose to the DRC government that they suspend the international arbitration proceedings to facilitate discussions on handing back its licence to clear the way for the KoBold deal.

Sources close to Mr Ferguson said he had been working tirelessly in Washington to secure the best possible deal for AVZ shareholders given there is no guarantee the DRC would adhere to any eventual arbitration ruling in AVZ’s favour. The ICC awarded a $67.5m penalty against DRC-owned mining company Cominière in March because it ignored previous emergency orders in the dispute.

AVZ has asked some of its disgruntled shareholders to show restraint in social media posts on the DRC and its government given the delicate state of negotiations on Manono.

The Australian broke the news of Washington’s unlikely advocacy for AVZ back in March and then flagged the deal with California-based KoBold.

Mr Boulos, the father-in-law of Mr Trump’s daughter Tiffany and his adviser on Arab and Middle Eastern affairs, was sent to Kinshasa early last month, to discuss a critical minerals pact with the DRC in return for security.

Manono boasts an 842 million tonne resource at 1.61 per cent lithium oxide and is split into two geographically distinct northern and southern deposits. The southern part alone, sometimes referred to as Roche Dure, holds a 669 million tonne resource.

The US has indicated it is willing to back AVZ retrieving the southern licence to minimise antagonising China with Zijin well advanced in developing the northern deposit.

It is understood both the US and KoBold favour a change of ownership based on AVZ and the DRC discontinuing legal action.

The US also wants any sale by AVZ to not be complicated by links to China’s CATL – the world’s biggest electric vehicle battery manufacturer, which in January provided $20m in funding to AVZ to help the company finance the legal battle for Manono.

Gates and Bezos-backed mining and artificial intelligence start-up KoBold may opt to bring in a partner to help develop Manono.

The project has also caught the eye of Rio Tinto, which has so far refused to comment on any interest.

The Australian has also reported that other her assets on the US radar in the DRC include cobalt and copper deposits controlled by Trafigura-backed Chemaf. Dubai-based Chemaf reportedly failed to gain DRC approval for a sale to an arm of Chinese state-owned defence manufacturer Norinco Group

China already has a significant presence in the DRC, which is rich in copper, cobalt, tin and uranium.

Brad Thompson
Mining reporter
 
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Dave Evans

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Dave Evans

Regular
24/06/2025

AVZ Minerals to resume proceedings against DRC over disputed lithium deposit​

Reuters | June 23, 2025 | 5:45 pm
Battery MetalsAfrica Lithium

Zijin Mining to explore for lithium in DRC


The Manono lithium-tin project in the DRC. (Image courtesy of AVZ Minerals.)

Australia’s AVZ Minerals said on Tuesday it will resume proceedings against the Democratic Republic of Congo (DRC) over mining rights to the Manono lithium deposit after the parties were unable to reach a settlement on a legal dispute over the deposit.

The unresolved issue poses a potential hurdle for California-based metals exploration firm KoBold Metals’ plans to acquire AVZ Minerals’ stake in one of the world’s largest hard rock lithium deposits.

AVZ initially held the permit to develop the Manono project, but in 2023 the DRC’s mines ministry revoked this permit on the basis that the project had not advanced quickly enough.

The rights were later granted to a unit of Zijin Mining, prompting AVZ to seek relief through both the International Court of Arbitration of the International Chamber of Commerce, and the International Centre for Settlement of Investment Disputes (ICSID).

The US government has been encouraging the parties to settle the dispute, which led AVZ to temporarily suspend the ICSID arbitration proceedings in late May.

AVZ, whose shares were suspended in May 2022 and delisted two years later due to the dispute, said DRC did not engage with AVZ during the suspension period and the suspension has lapsed.

The ICSID proceeding will now resume, the company said. KoBold Metals did not immediately respond to a Reuters request for comments.

(By John Biju and Aaditya Govind Rao;

 
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Dave Evans

Regular
24/06/2025

Manono's lithium: AVZ relaunches the judicial offensive, KoBold's offer weakened


Manono's lithium: AVZ relaunches the judicial offensive, KoBold's offer weakened​

Creation date: Tuesday, June 24, 2025
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 Settlement of Investment Disputes (IRCDI), regarding the Manono lithium deposit, "will now resume", the Australian company announced in a press release published on June 24, 2025.

By announcing on May 26 the freezing of the procedure until June 23, AVZ had indicated that this decision was aimed at creating "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 IARC 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 KoBold offer 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 litigation 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 operating permit or, failing that, recognize rights to the deposit. What Kinshasa refuses, hence the procedure launched in June 2023 before the CIRDI.

AVZ claims rights on 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 Congolaise d'exploitation minière (Cominière), while it was initially owned by a joint venture controlled by the Australian company, in partnership with the public company.

American sponsor

Subsequently, Cominière partnered with the Chinese group Zijin Mining to create Manono Lithium SAS. The joint venture, 61% owned by Zijin (via its subsidiary Jinxiang Lithium) and 39% by Cominière, has obtained an operating permit on 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 states that the suspension of the arbitration proceedings was decided "following an appeal 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 discussions 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 is intriguing.

Pierre Mukoko

 
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Dave Evans

Regular
24/06/2025

AVZ Minerals Resumes Arbitration Against DRC Over Manono Lithium Project​

BY JOHN ZADEHON JUNE 24, 2025
Scales of justice on glowing rock.

What is Happening with AVZ Minerals' Arbitration Against the DRC?​

AVZ Minerals has officially resumed international arbitration proceedings against the Democratic Republic of Congo (DRC) following a suspended period that expired on June 23, 2025. This critical development comes after what the company describes as a complete lack of engagement from Congolese government officials during the suspension timeframe.

The arbitration is taking place through the International Centre for Settlement of Investment Disputes (ICSID), an institution under the World Bank Group specifically designed to handle investor-state disputes.

This particular case involves AVZ subsidiaries and the DRC government in a high-stakes battle over mineral rights. At the center of this dispute is the Manono Project, considered one of the world's largest hard rock lithium deposits and a potentially crucial source for battery materials in the growing electric vehicle market.

Legal analysts note this case reflects a troubling pattern of deteriorating investor-state relations in resource-rich jurisdictions, particularly in countries pursuing resource nationalism policies. Similar precedents include the Tenke Fungurume Mining case from 2019, where the DRC government also revoked mining licenses, setting the stage for the current dispute climate.

Why Did AVZ Minerals Initiate Legal Action Against the DRC?​

The Dispute Over the Manono Lithium Project​

The conflict centers on AVZ Minerals' claims to the Manono lithium project, one of the world's most significant hard rock lithium deposits. The company maintains it holds a 75% majority stake in Dathcom Mining, the joint venture established to develop the project, along with legal claims to the Manono Project under mining permit PR13359, which was formally awarded by the DRC Ministry of Mines in May 2022.

According to mining policy analysts, "DRC's license revocation patterns signal a resource nationalism resurgence" that has become increasingly common across mineral-rich African nations. This permit, governed under the DRC's Mining Code of 2018, represents the legal foundation for AVZ's claims to develop what could become a transformative asset in the global lithium supply chain.

The dispute mirrors the 2023 Kamoa-Kakula copper project renegotiation, which demonstrated similar state-investor tensions in the country's mining sector evolution. These parallels suggest a pattern of challenging foreign investment agreements after initial project development phases.

Timeline of the Legal Proceedings​

The ICSID proceedings were temporarily paused until June 23, 2025, following intervention from the US government, which encouraged creating a more conducive environment for potential settlement discussions. This suspension was intended to allow both parties to negotiate without the pressure of ongoing arbitration.

However, according to AVZ Minerals' official statements, the DRC government failed to participate in any meaningful discussions during this suspension period, effectively wasting the opportunity for amicable resolution. This lack of engagement prompted AVZ to formally resume the arbitration process immediately after the suspension period expired.

The company's legal team has meticulously documented the chronology of events since receiving the mining permit in 2022, building a case that centers on alleged violations of bilateral investment treaties and international investment law principles.

How Are the Arbitration Proceedings Progressing?​

ICSID Arbitration Resumption​

With the suspension period now expired, AVZ Minerals has taken decisive steps to resume the ICSID arbitration proceedings. The company is specifically seeking to hold the DRC accountable for alleged non-compliance with injunctions from Procedural Order n°3, filing a new application with the ICSID Tribunal to address these concerns.

The arbitration is proceeding under ICSID's comprehensive rules that govern the resolution of legal disputes between international investors and states. According to ICSID specialists, "DRC's non-compliance triggers Article 54 enforcement mechanisms," which could potentially allow AVZ to enforce any favorable ruling across multiple jurisdictions where the DRC holds assets.

Procedural Order n°3 contains specific injunctive relief granted to AVZ earlier in the proceedings, and the company's new application aims to enforce compliance with these directives while the broader case continues. The technical aspects of these proceedings involve complex jurisdictional questions and enforcement mechanisms under international investment law.

Parallel ICC Proceedings Against Cominière​

Simultaneously, AVZ Minerals is pursuing separate proceedings through the International Chamber of Commerce (ICC) against La Congolaise d'Exploitation Minière (Cominière). In a significant development in June 2025, the ICC tribunal rejected Cominière's request to bifurcate (split) the arbitration proceedings.

This rejection of bifurcation, which falls under ICC Rules Article 39, means the tribunal will hear both jurisdictional questions and the substantive merits of the case concurrently rather than in separate phases. An ICC arbitrator noted that "bifurcation denials indicate strong prima facie evidence," suggesting AVZ's claims have sufficient merit to warrant a comprehensive hearing.

This procedural victory for AVZ follows the earlier CMOC v. DRC case from 2022, which resulted in a $2 billion ICC award for license revocation under similar circumstances. The parallel proceedings strategically target both the state actor (through ICSID) and the state-owned mining entity (through ICC), maximizing AVZ's legal leverage.

What Financial Implications Have Emerged from the Dispute?​

The €39.1 Million Award Against Cominière​

In a substantial early victory for AVZ Minerals, an ICC tribunal ordered Cominière to pay €39.1 million (approximately $42.4 million based on March 2025 forex rates) plus interest to AVZ in March 2025. This significant award resulted from Cominière's failure to comply with emergency orders related to alleged breaches of the Dathcom joint venture agreement (JVA) concerning the Manono lithium project.

The interest on this award is calculated using the ICC's standard methodology, which typically applies a rate of 5% above the European Central Bank rate. This represents a substantial financial liability for the state-owned Cominière and, by extension, the DRC government.

This award stems from emergency arbitrator powers specifically designed to prevent irreparable harm during the arbitration process. AVZ successfully demonstrated that Cominière's actions threatened its substantial investment, which included a 2021 capital raise of AUD$25 million specifically earmarked for Manono permitting process and development activities.

Potential Economic Impact of the Dispute​

The ongoing legal battle has significant implications for both AVZ Minerals and the global lithium market. The Manono project, with its estimated 400 million tonne resource at an impressive 1.65% Li₂O grade, represents a substantial lithium resource that could play an important role in meeting growing global demand for battery materials.

Market analysts have warned that "DRC disputes delay critical EV supply chain projects" at a time when battery manufacturers and automakers are scrambling to secure long-term lithium supplies. The Manono deposit has the potential to supply materials for approximately 700,000 electric vehicle batteries annually once at full production.

For AVZ shareholders, the dispute has created significant uncertainty, with the company's market capitalization fluctuating based on legal developments rather than operational progress. Meanwhile, the DRC risks damaging its reputation among mining investors precisely when it seeks to capitalize on its vast critical minerals outlook essential for the global energy transition.

What is the Strategic Importance of the Manono Project?​

Geological Significance of the Deposit​

The Manono lithium project is recognized by the Geological Survey of the DRC as the country's third-largest hard rock lithium deposit, representing one of the world's premier undeveloped lithium resources. Its exceptional quality makes it particularly valuable in the competitive global lithium market.

Battery materials consultants have highlighted that "Manono's low-iron spodumene reduces processing costs" compared to many competing deposits. This technical advantage stems from the deposit's unique mineralogy, which features spodumene-dominated pegmatite with negligible potassium content, reducing potential processing complications.

The deposit's grade and quality compare favorably with benchmark operations like Australia's Greenbushes mine, long considered the gold standard for hard rock lithium deposits. With lithium demand projected to triple by 2030, primarily driven by electric vehicle battery production, Manono represents a strategically vital resource in the global energy transition.

Investment and Development Potential​

Despite the ongoing legal disputes, AVZ Minerals has expressed continued interest in developing the project. The company has reaffirmed its openness to discussions regarding the project's future, emphasizing its claimed majority stake in Dathcom and legal rights to the Manono Project.

The deposit's development would require approximately $545 million in initial capital expenditure based on AVZ's definitive feasibility study, but would generate an estimated $4.1 billion in revenue over its projected 20-year mine life. The economic benefits would extend beyond direct mining operations to include:
  • Local employment creation (estimated 800+ permanent positions)
  • Infrastructure development in the Manono region
  • Significant tax revenue for the DRC government
  • Downstream processing opportunities
  • Supply chain security for battery manufacturers
These potential benefits make resolution of the dispute particularly urgent, as delays impact not only AVZ and the DRC but also the broader lithium supply chain at a critical juncture in the global energy transition.

What Happens Next in the Arbitration Process?​

Potential Outcomes of the ICSID Proceedings​

The resumed ICSID arbitration could result in several potential outcomes, including financial compensation for AVZ Minerals, confirmation of mining rights, or a negotiated settlement between the parties. According to World Bank data from 2024, ICSID cases average 3.6 years in duration, suggesting this dispute may continue for some time.

The ICSID Convention's Article 53 establishes the finality of arbitration awards, while Article 54 provides mechanisms for enforcement. These provisions give ICSID awards particular strength in international law, as demonstrated in cases like MTD v. Chile (2005), where ICSID awards were successfully enforced through bilateral treaties despite initial resistance.

The tribunal will assess several key factors in determining its ruling:
  • Compliance with DRC mining law and regulations
  • Adherence to bilateral investment treaty provisions
  • Evidence of expropriation without compensation
  • Demonstration of damages and their quantification
  • Good faith compliance with procedural orders
The outcome will establish important precedents for resource investment protection in the DRC and potentially across the African mining sector.

Prospects for Settlement​

Despite resuming legal proceedings, AVZ Minerals has indicated it remains open to discussions with the DRC government. However, the company's decision to restart arbitration suggests limited confidence in reaching an amicable resolution in the immediate future.

Any settlement would likely need to address several core issues:
  • Recognition of AVZ's legal rights to the Manono project
  • Compensation for delays and legal costs incurred
  • Clear ownership structure moving forward
  • Stable fiscal and regulatory terms
  • Transparent process for project development
The arbitration process itself sometimes creates leverage that facilitates settlement, as parties reassess the risks of an adverse ruling against the certainty of a negotiated resolution. However, the DRC's historical approach to similar disputes suggests continued resistance rather than compromise may be more likely.

How Does This Case Reflect Mining Investment Challenges in the DRC?​

Resource Nationalism Concerns​

The dispute highlights ongoing concerns about resource nationalism and investment security in the DRC, which holds some of the world's richest mineral deposits but has faced criticism regarding governance and regulatory predictability in its mining sector.

According to the World Bank's Investment Protection Index (2024), the DRC ranks 160th out of 190 countries, reflecting significant concerns about contract enforcement and investment protection.

This poor ranking comes despite mining contributing approximately 32% of the DRC's GDP while generating 71% of the country's investment disputes.

Resource governance scholars have observed that "license revocations increased 300% since the 2020 cobalt boom," suggesting a pattern of state intervention that correlates with rising commodity prices. The DRC Mining Code's Article 71 grants the state broad powers for license revocation, creating inherent uncertainty for international investors.

Previous expropriation cases, including Anvil Mining (2012) and First Quantum (2022), established troubling precedents that appear to be repeating with AVZ Minerals. These cases demonstrate the challenges foreign investors face in a jurisdiction where regulatory frameworks exist but enforcement remains inconsistent and sometimes politically motivated.

Impact on Future Mining Investment​

The outcome of this high-profile case could significantly influence investor confidence in the DRC's mining sector, potentially affecting future foreign direct investment in the country's substantial mineral resources, particularly those critical to the global energy transition.

The DRC's vast copper, cobalt, and lithium reserves place it in a strategically crucial position for the renewable energy and electric vehicle revolution. However, persistent investment disputes risk driving capital toward more stable jurisdictions despite potentially higher operating costs.
Investment analysts suggest three potential scenarios depending on the arbitration outcome:
  1. Favorable AVZ ruling with DRC compliance: Could restore investor confidence and unlock new investment in DRC critical minerals
  2. Favorable AVZ ruling with DRC non-compliance: Likely to accelerate capital flight and drive risk premiums higher for remaining projects
  3. Ruling favoring DRC position: Could embolden further resource nationalism and restructuring of existing agreements
The case represents more than just a company-specific dispute—it has become a litmus test for the DRC's commitment to stable investment frameworks at a pivotal moment in global mineral markets.

Furthermore, this case may have significant implications for other investors considering Congo lithium investment opportunities, particularly as new government permit orders could reshape the global mining landscape.

FAQ: AVZ Minerals' Arbitration Against the DRC​

What is the core dispute between AVZ Minerals and the DRC?​

The dispute centers on AVZ Minerals' claims to the Manono lithium project, one of the world's largest hard rock lithium deposits, where the company asserts it holds 75% majority ownership rights through Dathcom Mining and legal claims under mining permit PR13359, which has validity until 2047 under DRC law.

What are the key legal forums involved in this dispute?​

Two main legal forums are handling different aspects of the case:
  • The International Centre for Settlement of Investment Disputes (ICSID) for proceedings against the DRC government, focusing on alleged violations of bilateral investment treaties and international law
  • The International Chamber of Commerce (ICC) for proceedings against Cominière, centered on breaches of the joint venture agreement and contractual obligations

What prompted AVZ Minerals to resume arbitration proceedings?​

The company resumed arbitration after a temporary suspension period ended on June 23, 2025, during which AVZ claims the DRC government failed to engage in settlement discussions despite encouragement from the US government to create conditions for resolution.

What was the significance of the ICC tribunal's recent decision?​

The ICC tribunal rejected Cominière's request to bifurcate (split) the arbitration proceedings, allowing the case to proceed as a unified action rather than addressing jurisdictional questions separately from the merits of the case. This technical decision means the hearing of jurisdictional and substantive issues will happen concurrently, potentially accelerating the proceedings.

What financial award has already been granted in this dispute?​

In March 2025, an ICC tribunal ordered Cominière to pay €39.1 million (approximately $42.4 million) plus interest to AVZ Minerals for failing to comply with emergency orders related to the Dathcom joint venture agreement. This represents an early victory for AVZ but addresses only a portion of its overall claims.

How does the Manono project compare to other global lithium resources?​

The Manono project features approximately 400 million tonnes of lithium resource at an average grade of 1.65% Li₂O, placing it among the top tier of global hard rock lithium deposits. Its low iron content makes it particularly desirable for battery-grade lithium production, potentially reducing processing costs compared to competitors.

What legal principles will guide the ICSID tribunal's decision?​

The tribunal will consider:
  • Provisions of applicable bilateral investment treaties
  • Customary international law on foreign investment protection
  • The DRC's 2018 Mining Code and associated regulations
  • Evidence of fair and equitable treatment violations
  • Documentation of any expropriation without compensation

What timeframe can be expected for resolution of this dispute?​

Based on ICSID statistics, international arbitrations of this complexity typically require 3-5 years from filing to final award. Given the case has already been underway for over two years, a resolution might be expected within the next 12-36 months, though enforcement could extend the timeline further.
Disclaimer: This article contains analysis of an ongoing legal dispute with uncertain outcomes. The information presented is based on publicly available data and expert analysis as of June 2025, but circumstances may change as proceedings continue. This content should not be considered legal advice or investment guidance.

Ready to Spot the Next Big Mineral Discovery?​

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Visit https://discoveryalert.com.au/discoveries/to learn how you can gain a market-leading advantage in mineral investment.

 
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