Emmerson files arbitration claim against Morocco
Emmerson PLC, the potash developer, has submitted its formal legal memorial in its international arbitration case against the Kingdom of Morocco, setting out a damages claim of US$1.215 billion net of local taxes and including interest.
The memorial was filed by Emmerson’s legal representatives, Boies Schiller Flexner, in line with the timetable set by the arbitration panel and outlines the company’s full case, including legal arguments and supporting evidence.
The claim relates to alleged breaches by Morocco of its obligations under the United Kingdom-Morocco Bilateral Investment Treaty (BIT), including the expropriation of Emmerson’s Khemisset potash project and failures to accord fair and equitable treatment to the company and its investments.
The claim value was determined by expert quantum consultants using discounted cash flow analyses and studies previously published by the company.
The arbitration, filed with the International Centre for Settlement of Investment Disputes (ICSID) in April 2025, now moves to its next phase, with Morocco due to submit its response within the coming months.
Chief executive Graham Clarke said the memorial submission represented a significant step in the process.
Emmerson cautioned that there could be no certainty as to the outcome of the treaty claims.
