So why would Morocco (and OCP) not have settled already?9 Sep 2025 16:01
So why would Morocco (and OCP) not have settled already?
It makes sense for Morocco to see what the likely result will be (and the cost), before they can agree any settlement.
Verdicts are not always unanimous, which implies the result you might get, will depend on which Arbiters appointed. Previous verdicts can be interpreted to understand the circumstances in which arbitrations are won or lost.
For example, Zachary Douglas (in his dissenting opinion) in various Solar Energy investors vs. Spain has different ideas from the other Arbiters on using the concept of "Legitimate Expectations" in such cases. https://www.italaw.com/cases/6486
So, it makes sense to see what Arbiters are appointed (and their approach as evidenced in previous cases), the case that EML's lawyers put up in response and the size of the claim.
At that point Morocco's lawyers and EML's lawyers will give an opinion on the likely outcome of the arbitration to their respective clients, leaving the possibility of an (fully informed) negotiated settlement.