Emmerson Sets July 2028 Arbitration Hearing Over Morocco Dispute

Agadir – UK-based mining company Emmerson PLC has announced a new procedural calendar in its arbitration case against Morocco over the Khemisset potash project, with the main hearing scheduled for July 2028.

The company said the arbitration tribunal has confirmed the timetable following its July decision to reject Morocco’s request to have jurisdictional issues considered separately from the merits of the case. 

Under the newly confirmed schedule, Morocco is due to submit its Counter-Memorial, setting out its defenses, jurisdictional objections, and supporting evidence, in January 2027.

Emmerson will then have until October 2027 to submit its Reply, followed by Morocco’s Rejoinder in January 2028. The hearing is scheduled to take place from July 17 to 26, 2028, when the parties are expected to present their arguments and witnesses and experts may be cross-examined.

Arbitration over Khemisset project

The dispute concerns Emmerson’s proposed Khemisset potash project in Morocco.

Emmerson’s subsidiaries, Khemisset UK Ltd. and Potasse de Khemisset S.A., filed a request for arbitration with ICSID on April 30, 2025. ICSID registered the case on May 23, 2025. The tribunal was constituted in October 2025.

The claim is brought under the 1999 Bilateral Investment Treaty (BIT) between the United Kingdom and Morocco. According to ICSID, the dispute concerns the development of a potash mine.

Emmerson submitted its Memorial on the merits on March 27, 2026. The company is seeking $1.215 billion (MAD 11.25 billion) in compensation, net of local taxes and including interest. It alleges that Morocco breached its obligations under the BIT, including through what it describes as expropriation of the project and failures to provide fair and equitable treatment, full protection and security, and protection against discriminatory measures.

These allegations are claims made by Emmerson and have not been established by the tribunal.

Project rejected on environmental grounds

The arbitration follows the rejection of the environmental approval for the Khemisset project in October 2024.

Emmerson’s 2024 annual report states that its environmental permit application was rejected and that the decision led the company to change its strategy and pursue a dispute with the Moroccan government.

The company had previously submitted an updated Environmental and Social Impact Assessment (ESIA), incorporating modifications to its proposed processing system. Emmerson had said the changes were intended, among other things, to reduce water use and improve waste management.

The company subsequently notified the Moroccan government of an investment dispute and began preparing for arbitration.

The Khemisset project had been under development for several years and was intended to produce potash, a key component of fertilizers. The project’s environmental approval process had been a central issue before the dispute moved to international arbitration.

Read also: Emmerson PLC Files $1.215 Billion Claim Against Morocco