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)
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Mining concession
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Oil, Gas & Mining
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Law – Mining Code
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ICSID Convention - Arbitration Rules
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Green Lithium Holdings Pte Ltd. (Singaporean), AVZ International Pty Ltd. (Australian), Dathcom Mining SA (Congolese (D.R.))
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Democratic Republic of the Congo (Congolese (D.R.))
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June 8, 2023
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September 28, 2023
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Jan PAULSSON (Bahraini, French, Swedish) - Appointed by the Parties
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Salim MOOLLAN (French, Mauritian) - Appointed by the Claimant(s)
Mohamed SHELBAYA (Egyptian, French) - Appointed by the Respondent(s) -
DLA Piper, Paris, France and Madrid, Spain
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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 -
French
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Pending
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November 17, 2025 - The Tribunal suspends the proceeding at the request of the Claimant until February 27, 2026.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
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. 2 concerning provisional measures. |
| November 20, 2023 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
| 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. |
| June 23, 2025 | The proceeding is resumed, pursuant to the parties’ agreement. |
| June 24, 2025 | The Claimants file a further request for provisional measures. |
| July 25, 2025 | The Claimants file a request for the Tribunal to decide on confidentiality of documents. |
| July 31, 2025 | The Respondent files observations on the Claimants’ request for provisional measures. |
| July 31, 2025 | The Respondent files a request for security for costs. |
| September 12, 2025 | The Respondent files observations on the Claimants’ request of July 25, 2025. |
| September 16, 2025 | The Claimants file observations on the Respondent’s request for security for costs. |
| September 26, 2025 | The Claimants file a response to the Respondent’s observations of September 12, 2025. |
| November 17, 2025 | The Tribunal suspends the proceeding at the request of the Claimant until February 27, 2026. |

