Comment on Zenith’s Update on Tunisia’s Recognition of Crude Oil Ownership


Zenith Energy Ltd. (”Zenith” or the ”Company”) announced on Tuesday, April 14, 2026, that the Republic of Tunisia formally has recognized that the Robbana and El Bibane production concessions are held by Zenith’s wholly owned subsidiary, Ecumed Petroleum Tunisia Ltd. (”EPT”), and has confirmed in writing that approximately 3,987 barrels of oil produced from the concessions are fully owned by EPT. These volumes correspond to oil produced since 2022 that remained unsold due to repeated obstructions by Tunisian authorities. At an illustrative oil price of USD 100 per barrel, the recognized inventory has an estimated gross value of approximately USD 0.4m, while an additional approximately 8,000 barrels remain stored at Robbana, representing an estimated gross value of approximately USD 0.8m on the same pricing basis, totaling USD 1.2,. The Company also disclosed that the Robbana concession has been subject to extensive vandalism and theft, rendering the site entirely non-operational for a period of at least one year, with critical equipment stolen or destroyed and a significant rehabilitation program required before operations can resume.


Analyst Group’s View on the Tunisian Developments and ICSID Implications

In Analyst Group’s view, Tunisia’s formal written recognition of EPT’s ownership of both the concessions and the associated crude oil inventory represents the most legally significant development to arise within the Tunisian situation since the filing of the ICSID claim. The timing, in the immediate lead-up to the ICSID final hearing scheduled for April 20, 2026, is particularly noteworthy: it constitutes a formal admission by the respondent state that directly validates the ownership and entitlement claims consistently advanced by Zenith’s subsidiaries, and materially strengthens the evidentiary foundation of the ICSID case on a central factual question.

This development must be understood in the context of the pattern documented over recent years. Since 2022, Tunisian authorities have repeatedly obstructed EPT’s ability to sell oil from Robbana and El Bibane, while the Company has continued to bear all associated costs for salaries, environmental compliance, and technical maintenance, estimated cumulatively at approximately USD 2m. The unauthorized sale of 3,987 barrels via MARETAP, with no proceeds remitted to EPT, was a concrete illustration of value being systematically removed from Zenith’s assets. Tunisia’s subsequent formal acknowledgment that this same oil was owned by EPT effectively confirms the unauthorized nature of the earlier transaction and reinforces the core claim of expropriation and denial of fair treatment under the UK-Tunisia Bilateral Investment Treaty.

The disclosure of extensive vandalism and theft at Robbana adds a further and serious dimension of documented damage. The scale and nature of the destruction, which has rendered the concession entirely non-operational for at least one year and necessitates a full rehabilitation program, raise questions regarding the circumstances under which such damage occurred, particularly when considered alongside the broader pattern of conduct directed at Zenith’s Tunisian assets. In Analyst Group’s assessment, the combination of a respondent state formally recognizing ownership of a concession while that same concession has simultaneously been subjected to infrastructure destruction that eliminates its productive capacity presents a particularly compelling factual record for the claimants ahead of the final hearing. While the direct financial impact of the crude oil volumes involved remain modest in the context of Zenith’s USD 572.65m ICSID claim, the evidentiary weight of these developments extends well beyond their immediate monetary value.

Analyst Group has estimated a 68% probability of a favorable outcome in the ICSID arbitration based on precedent and the legal circumstances of the case. Today’s developments do not alter that estimate, but in Analyst Group’s view they meaningfully strengthen the qualitative position of the claimants ahead of the final hearing. Taken together with Tunisia’s failure to engage substantively with the ICC-2 annulment application before the Swiss Federal Supreme Court, and its pattern of procedural non-compliance across multiple jurisdictions, the update further reinforces the narrative of systematic obstruction that forms a central pillar of the ICSID submissions.

Background

Robbana and El Bibane are mature oil production concessions in Tunisia held 100% by EPT, a fully owned subsidiary of Zenith. In early 2024, EPT was ordered by the Ministry of Industry, Mines and Energy to transfer crude to MARETAP on alleged safety grounds, despite a prior inspection confirming the integrity of storage facilities. The 3,987 barrels moved to MARETAP were subsequently sold by ETAP without authorization and with no proceeds allocated to EPT. MARETAP is a 50/50 joint venture between EPZ (a wholly owned Zenith subsidiary) and ETAP. These developments form part of the broader pattern of disputes currently being pursued through ICSID arbitration, with the final hearing scheduled for April 20, 2026, where Zenith’s subsidiaries are claiming USD 572.65m in damages under the UK-Tunisia Bilateral Investment Treaty.

Conclusion

Analyst Group views Tunisia’s formal recognition of EPT’s ownership of the concessions and associated crude oil inventory as a significant and positive development for Zenith’s legal position ahead of the ICSID final hearing. The written confirmation directly supports the factual basis of the claimants’ submissions and, when considered alongside the documented unauthorized sale of crude, the cumulative pattern of operational obstruction, and the extensive destruction of infrastructure at Robbana under circumstances that warrant scrutiny, presents the ICSID tribunal with a strengthened evidentiary record. The legal and procedural significance of a respondent state formally conceding ownership on a contested factual point in the weeks preceding a final hearing should not be underestimated. Analyst Group’s 68% probability estimate for the ICSID arbitration, based on precedent and legal circumstances, is unchanged, and today’s developments meaningfully strengthen the qualitative position of the claimants as they enter the final hearing.