In a decisive ruling, the International Chamber of Commerce (ICC) tribunal has ordered La Congolaise d’Exploitation Minière (Cominière), a state-owned mining company, to pay a penalty of $42,290,000 plus interest for non-compliance with emergency orders.
This ruling, dated March 10, 2025, stems from Cominière’s breaches of the Dathcom joint venture agreement, including actions such as extending mining title PR 13359 under its name and assigning PR 15775 to Manono Lithium SAS.
The penalty, accrued at approximately $54,000 per day, underscores the tribunal’s firm stance on regulatory adherence.
The tribunal’s decision reaffirmed the importance of compliance with emergency orders. “Cominière’s actions, including the extension and splitting of PR 13359 and the assignment of PR 15775, were clear violations of the emergency orders issued on May 5 and November 15, 2023,” the ruling stated.
“These breaches undermine the principles of collaboration and legal accountability enshrined in the Dathcom joint venture agreement.”
The ruling has significant implications for the global market and the mining sector. On a global scale, it reinforces the authority of international arbitration in resolving cross-border disputes and assures investors of the enforceability of contracts.
For the mining industry, the decision serves as a stark reminder of the repercussions of disregarding ethical practices and legal mandates.
The impact is expected to resonate strongly within the Democratic Republic of Congo. With the ICC reaffirming its emergency orders and imposing a steep penalty, local mining regulations may undergo stricter enforcement, potentially attracting higher foreign investments and driving economic growth within the nation.
AVZ Minerals Limited, the parent company of AVZ International Pty Ltd (AVZI), welcomed the tribunal’s decision. The company is currently reviewing potential steps to recover the penalty.
AVZ also addressed recent media speculation surrounding its efforts to secure investment for the Manono Lithium Project, clarifying that discussions with interested parties are in preliminary stages, with no formal investment proposals submitted.
This ICC ruling does more than settle a contentious legal battle; it sends shockwaves through the mining world, shaping future practices and redefining accountability on a global scale.
The industry is watching closely as the implications unfold, signaling a shift toward greater regulatory compliance and sustainable growth.
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