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Environment|PROJECT|Technology|Environmental
Environment|PROJECT|Technology|Environmental
environment|project|technology|environmental

Emmerson considers international arbitration in investment dispute with Morocco

1st November 2024

By: Marleny Arnoldi

Deputy Editor Online

     

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London-listed potash development company Emmerson has engaged Boies Schiller Flexner as its litigation counsel in an investment dispute with the Moroccan government.

The dispute arose out of alleged breaches by the Moroccan government and its agents of the Promotion and Protection of Investments agreement between the governments of the UK, Northern Ireland and Morocco.

This agreement was signed in October 1990 and became effective in February 2002.

The same agreement provides that Emmerson may submit a dispute for settlement by arbitration to the International Centre for the Settlement of Investment Disputes.

While there is no requirement for Emmerson to notify the Moroccan government of its intention to submit a claim to arbitration, the company has, in good faith, invited the government to engage in discussions regarding cash compensation for the damages incurred owing to what it says are Morroco’s breaches of the agreement with a view to achieving an amicable resolution of the dispute.

Emmerson hopes the dispute can be resolved amicably, however, it will consider any and all other actions necessary to ensure its rights are preserved.

Meanwhile, Emmerson has been having trouble gaining the Moroccan governments’ approval on a revised environmental- and social-impact assessment (ESIA) that the company submitted in the second quarter.

The revised ESIA incorporates a proprietary technology that Emmerson intends to use at its Khemisset potash project, called the Khemisset Multimineral Process.

Emmerson became aware in October of Morroco’s Commission Régionale Unifiée de l’Investissement’s “unfavourable recommendation” with respect to approving the application.

The company has been seeking clarification on a decision and the unfavourable recommendation, especially since it believes the benefits of the KMP process are multifold for the environment.

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Edited by Chanel de Bruyn
Creamer Media Senior Deputy Editor Online

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