I fail to see how Zijin can take AVZ to Court? We have no legal arrangement or contract with them. What does remain in question is whether the DRC recognises Zijin have claim to 15%. Zijin can take action via International Courts to cause an Injunction but this would have to be against the DRC issuing the Mining Licence to AVZ. This does not impact on AVZ ownership of the original 75%. From what we are hearing out of the Ministry of the DRC and from AVZ is that it is confirmed that AVZ owns 75%. This was in the Ministrerial decree. I can't see how this will be upheld to reduce AVZ's ownership.
As for the actions undertaken by Zijin to acquire what it claims is 15% then I am sure the DRC will settle this issue because La Comminiere was not entitled to do this . Regardless of whether they have or have not, The President will determine the sale was fraudulent and against the interests of the DRC, its people and heritage. The President will withdraw any approval as it is not in their National Interest. Accordingly, the DRC will repay any funds handed over by Zijin.
In summary, if the sale of the 15% to Zijin was done illegally and against the National Interest then the Ministry can overrule this and Zijin has no claim.
I believe the International Arbitration court will determine same after it receives submissions from the DRC.
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I fail to see how Zijin can take AVZ to Court? We have no legal...
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