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):

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
Fasken Martineau DuMoulin, London, U.K.
De Gaulle Fleurance & Associés, Paris, France
Cabinet Edouard MUKENDI & Associés, Kinshasa, Democratic Republic of the Congo
Cabinet MUKONGA & Associés, Lubumbashi, Democratic Republic of the Congo
Cabinet KWETE MIKOBI, Kinshasa, Democratic Republic of the Congo
Language(s) of Proceeding:

French
Status of Proceeding:

Pending
Latest Development:

May 23, 2025 -
The proceeding is suspended until June 23, 2025, pursuant to the parties’ agreement.

No References Available.

(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. 1 concerning procedural matters.
November 20, 2023	The Tribunal issues Procedural Order No. 2 concerning provisional measures.
November 23, 2023	The Respondent files observations on the Claimants’ requests for provisional measures.
November 30, 2023	The Claimants files a response to the Respondent’s observations of November 23, 2023.
December 7, 2023	The Respondent files a response to the Claimants’ observations of November 30, 2023.
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.
March 8, 2024	The Claimants file a request for provisional measures.
March 20, 2024	The Respondent files observations on the Claimants’ request for provisional measures.
March 21, 2024	The Claimants file a memorial on the merits.
March 29, 2024	The Claimants file a response to the Respondent’s observations of March 20, 2024.
April 4, 2024	The Respondent files further observations on the Claimants’ request for provisional measures.
May 8, 2024	The Tribunal issues Procedural Order No. 4 concerning provisional measures.
July 31, 2024	The Respondent files a counter-memorial on the merits.
October 16, 2024	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
November 6, 2024	The Tribunal issues Procedural Order No. 5 concerning production of documents.
November 7, 2024	The proceeding is suspended for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 16(2)(b).
January 31, 2025	The proceeding is resumed following payment of the required advances.
March 24, 2025	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
April 7, 2025	The Claimants files observations on the request to address the objections to jurisdiction as a preliminary question.
April 14, 2025	The Respondent files further observations on the request to address the objections to jurisdiction as a preliminary question.
April 22, 2025	The Claimant files further observations on the request to address the objections to jurisdiction as a preliminary question.
May 12, 2025	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
May 23, 2025	The proceeding is suspended until June 23, 2025, pursuant to the parties’ agreement.