British mining group Emmerson has filed its memorial in an investment arbitration case against Morocco, setting out its legal arguments and reducing its damages claim to $1.215 billion, net of local taxes and including interest, as proceedings move deeper into the active phase before the International Centre for Settlement of Investment Disputes.
The case, registered as ICSID No. ARB/25/22, stems from Morocco’s refusal to clear the Khemisset potash project on environmental grounds, particularly water use concerns.
Emmerson says the refusal amounted to expropriation and a breach of fair and equitable treatment protections under the UK Morocco bilateral investment treaty.
The tribunal is chaired by Laurent Lévy and includes Stanimir A. Alexandrov, appointed by the claimants, and Zachary Douglas, appointed by Morocco. Emmerson Chief Executive Graham Clarke called the filing a significant step, while Morocco now has several months to submit its response.
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