Arbitral Digest

Matter

Jin Cheng Mining Company Limited v AVZ International Pty Ltd (Paris Court of Appeal RG 24/07535)

Case no.
26986/SP/ETT
  1. 11 March 2024Arbitration

    11 March 2024Arbitration

    ICC Arbitral Award dated 11 March 2024, Case No. 26986/SP/ETT

    International Chamber of Commerce

    Decision summary
    The sole arbitrator declined to rule on the pre-emption right, the validity of the share-sale agreement, and allegations of corruption and fraud because they were not determinative of jurisdiction; the tribunal ordered Jin Cheng Mining Company Limited to reimburse AVZ International Pty Ltd USD 75,000 in arbitration costs and AUD 813,474 in defence costs.

    Supporting details

    2 participants
    Jin Cheng Mining Company Limited
    AVZ International Pty Ltd
    International Chamber of Commerce

    1 year, 10 months and 9 days later · 680 days

  2. 20 January 2026France

    20 January 2026France

    Order of the Paris Court of Appeal, Pôle 5 - Chamber 16 in the case RG 24/07535 dated 20 January 2026

    Paris Court of Appeal, Pôle 5 - Chamber 16

    Case no.
    RG 24/07535
    Citation
    N° Portalis 35L7-V-B7I-CJJXR
    Decision summary
    The court-appointed case-management judge rejected AVZ International Pty Ltd's requests for document production, a commission rogatoire to the Democratic Republic of the Congo, and the hearing of a witness because the measures were not useful to the annulment review of the tribunal's jurisdictional decision. AVZ was ordered to pay the incident costs and EUR 20,000 to Jin Cheng Mining Company Limited under Article 700 of the French Code of Civil Procedure.

    Supporting details

    5 authorities · 19 participants
    Application
    Document production — Rejected
    Application
    Commission rogatoire to the judicial authorities of the Democratic Republic of the Congo — Rejected
    Application
    Hearing of Madame [Z] [L] [Y] as a witness — Rejected
    Jin Cheng Mining Company Limited
    Representative
    Luca DE MARIA (For: Jin Cheng Mining Company Limited)
    Representative
    SELARL PELLERIN - DE MARIA - GUERRE (For: Jin Cheng Mining Company Limited)
    Representative
    Henri-Nicolas FLEURANCE (For: Jin Cheng Mining Company Limited)
    Representative
    Capucine DU PAC DE MARSOULIES (For: Jin Cheng Mining Company Limited)
    Representative
    Victor CHOULIKA (For: Jin Cheng Mining Company Limited)
    Representative
    SAS DE GAULLE FLEURANCE & ASSOCIES (For: Jin Cheng Mining Company Limited)
    AVZ International Pty Ltd
    Representative
    Matthieu BOCCON GIBOD (For: AVZ International Pty Ltd)
    Representative
    SELARL LX PARIS-VERSAILLES-REIMS (For: AVZ International Pty Ltd)
    Representative
    T. Alexander BRABANT (For: AVZ International Pty Ltd)
    Representative
    Mamadou GACKO (For: AVZ International Pty Ltd)
    Representative
    Brice LAURENT (For: AVZ International Pty Ltd)
    Representative
    PARTNERSHIPS DLA PIPER FRANCE LLP (For: AVZ International Pty Ltd)
    Paris Court of Appeal, Pôle 5 - Chamber 16
    Court clerk
    Najma EL FARISSI
    Other
    Witness
    M. [P] [R]

    Authorities cited

    5
    • French Code of Civil Procedure
      statute
    • Plateau des Pyramides (Cass., civ. 1, 6 January 1987)
      case
    • CIMAT
      case
    • Protocol of the International Commercial Chamber of the Paris Court of Appeal
      procedural rules
    • Practical procedural guide of the International Commercial Chamber of the Paris Court of Appeal
      procedural guidance

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Jin Cheng Mining Company Limited v AVZ International Pty Ltd (Paris Court of Appeal RG 24/07535) · Matter