Special report · September 2026
The court case AVZ says it was not told about
On 8 April 2023 Cominière went to the Tribunal de grande instance of Kalemie. It did not summon AVZI or Dathcom. It summoned the mining cadastre. The hearing was 2 May 2023 — the same day as an ICC emergency-arbitrator hearing. Judgment came the next day.
The court “noted” termination of the joint-venture contract of 27 January 2017, as amended on 25 March 2017, and ordered CAMI to de-register Dathcom on PR 13359 and related research permits and to put the titles back in Célestin Kibeya Kabemba / Cominière SA’s name.
In the ICC 27720 record, AVZ learned of the judgment around 2 June 2023 and was formally notified on 13 June. Claimants say they were never called, contrary to contradictoire and the rights of defence. The arbitral tribunal wrote that it was astonished a court could find a contract terminated without hearing the other parties. Célestin Kibeya Kabemba / Cominière SA did not tell the emergency arbitrator either. AVZ filed a tierce opposition in Kalemie.
ICSID Procedural Order No. 3 of 16 January 2024 provisionally contradicts Kalemie by requiring the DRC to treat Dathcom as holder of PR 13359, excluding on an interim basis the northern slice covered by PR 15775. The state has not complied.