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Imminent constitution of main tribunal means urgency is lacking for most measures requested by AVZ
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Measures meant to preserve
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Request to retract First Order is inadmissible, since Cominière deliberately concealed existence of allegedly conflicting judgment
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Request to modify First Order is admissible, given new facts on the ground
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Worsening of the dispute prompts AVZ to seek second emergency order
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Measures are not disproportionate, and anti-suit injunction flows from contractual obligation to arbitrate
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Provisional measures are urgent; availability of specific performance not a criterion
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Winding-up of joint-venture would be irreversible
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Claims have a chance of success on the merits, since contractual termination by Cominière is predicated on certain conditions
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Arbitrator applies five-fold test for emergency measures
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Pre-arbitration negotiation requirement is not applicable to emergency proceedings
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Acquisition of shares by subsidiary appears prima facie valid
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Claimants did not waive right to arbitrate when petitioning local courts with corporate dispute
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Background: Dispute over lithium deposit in eastern DRC spawns multiple arbitration proceedings
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