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:

March 21, 2024 - The Claimants file a memorial on the merits.

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 Tribunal holds a first session by video conference.
November 6, 2023	The Claimants file a request for provisional measures.
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.
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.