Morocco and Emmerson are preparing for $ 2.2 billion arbitration battle for Potash Project

Morocco and Emmerson are preparing for $ 2.2 billion arbitration battle for Potash Project

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Morocco has appointed his arbitrator in his Current legal battle With British miner Emmerson (LSE: EML, OTC Pink: Emmrf)) Under the International Center for Settlement of Investment Disputes (ICSID) with regard to the stopped Khemisset Potash project.

The ICSID confirmed that on 15 August Morocco nominated Professor Zachary Douglas KC, an international lawyer at the Australian and Swiss nationality, as a representative in the tribunal.


In the meantime, Emmerson had previously selected Stanimir A. Alexandrov, a Bulgarian national and veteran of disputes about investor states, whose appointment was registered on 5 August.

The core of the dispute is the Khemisset Potash project of Emmerson, about 90 kilometers northeast of Rabat.

The deposition, with estimated agents of 311 million tons with an average degree of 10.2 percent potassium oxide, was expected that it would produce more than 700,000 tons of potas annually during a 19 -year life.

Emmerson promoted the project as one of the lowest capital costs developments worldwide and a potential anchor for Morocco in the international manure stil market.

However, this vision unraveled when the Regional Unified Investment Commission (Crui) published an unfavorable environmental and social impact assessment. The committee concluded that the expected water consumption of the project could not be reconciled with local resources, so that the development is effectively stopped.

Emmerson called the rejection an illegal interference with its rights under the bilateral investment of Morocco -alternating Kingdom 1990 treatywhich came into force in 2002.

In May, the company submitted a formal request for arbitration to ICSID, claiming that the actions of Morocco came down to expropriation and a violation of investor protection.

The miner is now looking for a reimbursement that appreciates it at US $ 2.2 billion – equal to the value of the project.

The London -based company has also emphasized the support of a group of investors with previous arbitration experience, including involvement with GreenX’s (ASX: GRX, LSE: GRX) case against Poland.

Morocco, for his part, has appointed prominent lawyer Hicham Naciri as a counselor. With the nominees of both parties who are now in force, the three -headed tribunal only requires a jointly accepted president before hearings can begin.

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Publication of securities: I, Giann Liguid, has no direct investment interest in a company mentioned in this article.


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