"AVZ will not allow development of the asset"
Unfortunately we dont have that level of control in the DRC. If the Government wants it to be developed it will be - though if its without us or without a sale, then that would come with many potential negative implications for the country - and its finances, reputation, and business environment.
However, does the asset necessarily have to stay stranded until we see our day in court? No. The DRC has already cancelled the permit to issue our Mining Licence. We still have an exploration licence but it's past expiry which was fine when we were in process of conversion, though it could be arguable that this process has now concluded. Cominiere and CAMI, those rats, are certainly arguing that this is the case.
The ICC has put a moratorium with penalty on any effort by Cominiere / DRC to dissolve our JV until the case is heard, but I dont see there being anything directly stopping them issuing the licence to another party and developing the asset. Sure this comes with significant risk and would likely eventually backfire on them at ICSID, especially if it was handed to anyone linked to those who have undermined us to date, but given the steps taken by the MoM so far it could certainly be done if the DRC wants to progress this without us (if they become willing to risk the negative impacts mentioned).
I don't see this as likely at this stage, and there's a lot of water between those bridges, with time for negotiations and sanity to take hold. But I don't believe for a second that the DRC would allow the resource to sit there untouched for the perhaps 3-5 years that ICSIC could take, given its strategic importance to the country and its plans. That to me suggests the likelihood of a negotiated outcome, but if that doesn't work then I could see the licences eventually being stripped and reassigned. So I don't think we should rely on the DRC letting the asset sit stranded whilst we take them all the way through the final Court award, saying its fine because AVZ won't let the asset be developed. This is the DRC, after all, and we might not get a choice.