Kalua noted that TotalEnergies had commenced a second arbitration and initiated proceedings in the High Court of South Africa without referral by the Malawian court contrary to directions issued by the Supreme Court of Appeal. Kalua further ruled that there would be no fresh arbitration, emphasising that the Supreme Court of Appeal had already directed how the matter should proceed. With the ruling, the dispute is expected to proceed to full trial before the High Court Commercial Division, as ordered by the Supreme Court of Appeal last year. On November 4, 2025, the Supreme Court of Appeal dismissed an application by TotalEnergies Marketing Malawi seeking to halt the proceedings. A nine-member panel of justices ordered that the matter revert to the High Court for determination on the merits.