Emmerson-Maroc Dispute at ICSID: Tribunal Established Ahead of Proceedings

The dispute between the British company Emmerson and Morocco enters a new phase with the constitution of the arbitral tribunal, now complete following the appointment of its president.

Professor Laurent Lévy, of Brazilian and Swiss nationality and a member of the law firm Lévy Kaufmann-Kohler, will preside over the tribunal. He has extensive experience in corporate disputes, particularly in the mining, oil, and gas sectors.

The constitution of the tribunal will be followed by the start of the written procedure, beginning with the submission of Emmerson’s claimant memorial. According to the latest communication from the company, this submission is expected in the first quarter of 2026, at which point Emmerson will need to substantiate the allegations it has recently made.

Previously, Emmerson appointed Bulgarian arbitrator Stanimir A. Alexandrov, while the Moroccan government selected Australian arbitrator Zachary Douglas.

To prove the existence of harm, Emmerson will be represented by the law firm Boies Schiller Flexner, while the Moroccan government will be represented by Mr. Hicham Naciri and the law firm Allen & Overy.

Emmerson seeks financial compensation estimated at $2.2 billion for its project. The company had planned to develop a potash mine near Khemisset. However, due to the project’s environmental non-compliance, the Unified Regional Investment Commission (CRUI) refused to approve the environmental impact study, which is a prerequisite for applying for a mining license.

Faced with this refusal, Emmerson resorted to ICSID, advancing allegations beyond environmental compliance, which falls exclusively within the public authority of the State.