KoBold Makes Offer for Congo Lithium as Country Courts US, page-1801

See below two searches using Grok AI where it appears that:
1 - no submission has yet been made to the ICSID to delay, defer the case.
2 - Any request to delay, defer, or cancel a hearing typically requires notice to the Tribunal and the other party, unless otherwise agreed.

Given the timeline posted by qball we are in phase 3.5, which does not leave much time for the case to be delayed or even cancelled as the case is due to commence2/6/25 and USA timeline for Phase 4 above is due 15/6/25. It would be embarrassing for the DRC and our Chinese friends to have the hearing commence rather than be deferred wouldn't it?

It would thus appear that the clock may be run down to provide leverage (or it may also be the case that the formal request to delay or defer has not yet been tabled with the ICSID and our friends in the DRC).

An important point raised by others is that we may not want the ML to be granted so that our agreement with CATL is not invoked.

Am sure all parties have their game plan and ducks lined up and that other suitors may be looking from afar eg Rio, Saudis, others.

It is difficult to hazard a guess as to what may be the path forward and resulting outcome but time is ticking and no doubt there may be a few nervous nights ahead for all those involved.

(emphasis added)
Query 1

As of May 21, 2025, there is no confirmed evidence that AVZ Minerals has submitted a request to delay or defer its ICSID hearing scheduled for June 2025. The company appears focused on negotiations with the DRC, which could influence the proceedings, but no formal delay request has been reported. If you need ongoing monitoring for updates or specific details about the case, please let me know, and I can check again at a later date or assist with contacting relevant parties (e.g., AVZ or ICSID Secretariat).

Under the ICSID Convention and Arbitration Rules, whether notice is required to delay, defer, or cancel an ICSID hearing depends on the specific circumstances, the agreement of the parties, and the procedural rules governing the case.

Query 2

Below is a concise overview based on ICSID Arbitration Rules (2022):Key Points on Notice for Delaying, Deferring, or Canceling an ICSID Hearing:General Requirement for Notice:ICSID Arbitration Rule 20(1)(f) requires the Tribunal to determine procedural matters, including the scheduling of hearings, in consultation with the parties.

Any request to delay, defer, or cancel a hearing typically requires notice to the Tribunal and the other party, unless otherwise agreed.

The ICSID Administrative and Financial Regulations (Regulation 25) emphasize that parties must promptly notify the Tribunal and the ICSID Secretariat of any changes affecting the proceedings, including scheduling.

Procedure for Requesting a Delay or Deferral:A party seeking to postpone or defer a hearing must submit a reasoned request to the Tribunal, typically in writing, as soon as possible after the need arises (ICSID Arbitration Rule 26). The request should include justification (e.g., unforeseen circumstances, unavailability of key counsel, or new evidence).

The Tribunal has discretion to grant or deny the request after consulting both parties. Notice to the opposing party is required to ensure fairness and allow them to respond (Rule 20).No specific minimum notice period is mandated in the rules, but timeliness is critical to avoid prejudice to the other party or disruption of the Tribunal’s schedule.

Cancellation of a Hearing:If both parties agree to cancel a hearing (e.g., due to settlement negotiations or mutual consent), they must jointly notify the Tribunal and the ICSID Secretariat promptly (ICSID Arbitration Rule 26(1)).If only one party seeks cancellation, they must submit a request with justification, and the Tribunal will decide after hearing the other party’s position.Cancellation may also occur if the Tribunal determines a hearing is unnecessary (e.g., if the case can be decided on written submissions), but this requires consultation with the parties (Rule 29).Practical Considerations:ICSID encourages efficiency and cooperation.

Delays or cancellations without good cause may be viewed unfavorably, as they can increase costs and prolong proceedings (ICSID Arbitration Rule 8).Notices are typically communicated through the ICSID Secretariat, which coordinates with the Tribunal and parties. Electronic submissions via the ICSID case management system are standard.

If a hearing is postponed or canceled, the Tribunal may issue a procedural order rescheduling the hearing or adjusting the procedural calendar (Rule 20(2)).Special Circumstances:In cases of force majeure (e.g., natural disasters, pandemics), the Tribunal may adjust schedules without formal notice periods, as seen during COVID-19 when ICSID shifted to virtual hearings (ICSID Arbitration Rule 19).If a party fails to appear at a hearing without sufficient notice or justification, the Tribunal may proceed in their absence (Rule 42) or address non-participation as a default.