The $1.2 billion arbitration dispute between British mining company Emmerson PLC and Morocco over the Khemisset potash project is set to move through nearly two more years of proceedings before reaching a hearing in July 2028.
Emmerson said on Tuesday, August 25, that the arbitration tribunal had confirmed the procedural timetable for the case following the rejection in July of Morocco’s request to divide the proceedings into separate phases.
Under the schedule disclosed by the company, Morocco is due to submit its counter-memorial in January 2027.
The filing will set out Morocco’s full defense against Emmerson’s claims, as well as its objections to the tribunal’s jurisdiction and the supporting evidence on which it intends to rely.
Emmerson will then have until October 2027 to respond to the Moroccan counter-memorial before Morocco files its rejoinder in January 2028.
The hearing before the International Centre for Settlement of Investment Disputes (ICSID) is scheduled for July 17 to 26, 2028.
Both sides will present their arguments during the hearing, with witnesses and experts also expected to face cross-examination before the tribunal.
Emmerson seeks $1.215 billion
The dispute dates back to April 30, 2025, when Emmerson subsidiaries Khemisset UK Ltd. and Potasse de Khemisset S.A. filed a request for arbitration with ICSID.
The case was registered on May 23, 2025.
Emmerson subsequently filed its memorial on March 27, 2026, accompanied by documentary evidence and statements from witnesses and experts.
The company is seeking $1.215 billion in compensation, net of local taxes and including interest, over what it alleges are breaches of Morocco’s obligations under the bilateral investment treaty between Morocco and the United Kingdom.
Its claims include alleged expropriation of the Khemisset project and breaches of obligations relating to fair and equitable treatment, protection and security of investments and non-discrimination.
Morocco, meanwhile, has linked the dispute to the environmental review of the mining project and maintains its right to exercise regulatory authority over environmental protection and the management of water resources.
Water concerns at the heart of stalled project
The Khemisset potash project ran into a major regulatory obstacle after receiving an unfavorable opinion from the Unified Regional Investment Commission.
Water consumption was among the concerns raised during the environmental assessment, preventing the project from securing the environmental approval needed to proceed.
Emmerson challenged the decision through administrative channels before eventually turning to international arbitration after its appeals failed.
The company has maintained that it subsequently redesigned aspects of the project to reduce its environmental footprint and water requirements.
It has pointed in particular to its Khemisset Multi-Mineral Process, which it says addresses some of the environmental concerns raised by the authorities.
