If Zijin or their lawyers knew what they were doing they would...

If Zijin or their lawyers knew what they were doing they would have commenced proceedings in the DRC courts with respect to their purported acquisition of shares in Dathcom from Comminere before attempting to raise a dispute in the ICC, being the jurisdiction that will only hear disputes between shareholders in Dathcom.

It is Zijin's arrogance that led them to have a crack at the ICC first as they assumed because they paid money to Comminere that they were a shareholder in Dathcom. However, clearly Zijin's lawyers (who you suggest aren't stupid) didn't do their due diligence on their purported share purchase from Comminere as if they did, they would have reviewed a copy of the shareholders agreement and hence been aware of the first right of refusal to AVZ. Zijin's lawyers should have, in the course of their due diligence, insisted on being provided with a copy of the notice that Comminere was required to give to AVZ with respect to the first right of refusal and any waiver by AVZ of that right.

Zijin's actual cause of action is against Comminere for purporting to sell shares in Dathcom in circumstances where Comminere was not entitled to sell such shares to anyone other than AVZ, unless AVZ waived its rights of pre-emption.