Tribunal Rules ISA Must Honor TMC Contractor Rights in Seabed Dispute

20 July 2026
Edited By: Ed Freeman

(Image Credit: TMC)

TMC, a leading developer of the world's largest resource of critical metals essential to energy, defense, manufacturing and infrastructure, today welcomed the unanimous Orders of the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea ("ITLOS") prescribing provisional measures to protect the rights of its subsidiaries, Nauru Ocean Resources Inc. ("NORI") and Tonga Offshore Mining Limited ("TOML"), in their proceedings against the International Seabed Authority ("ISA").

The Chamber unanimously found that NORI and TOML have plausible rights to due process and fair treatment, that there is a real and imminent risk of irreparable prejudice to those rights pending a final decision, and that provisional measures were required. It ordered the ISA to act in accordance with the applicable legal framework, including the rules of due process, and to provide both contractors with sufficient clarity and information regarding the procedures and questions underlying the inquiry so that each can respond meaningfully and within a reasonable period.

The Chamber also ordered the ISA to respect the applicable legal framework and due-process requirements in considering NORI’s application to extend its exploration contract. In both cases, the Chamber directed the parties to cooperate and refrain from any action that might aggravate the disputes.

“Contractors like NORI and TOML who have together spent hundreds of millions of dollars on the promise of a fair regulatory framework should be informed of the factual and legal basis of any non-compliance inquiries, understand the procedure being applied, and receive a meaningful opportunity to respond,” said Gerard Barron, Chairman and CEO of The Metals Company. “The Chamber has now unanimously confirmed that those protections are not merely aspirational principles but legal rights deserving of protection.”

Mr. Barron continued: “These Orders confirm that the Chamber is a vital part of the institutional machinery established by UNCLOS and that the ISA’s conduct is subject to meaningful judicial oversight. Strong institutions, accountability, and the rule of law are critical to the ongoing development of the seabed minerals industry.”

As the first contentious decisions issued by the Seabed Disputes Chamber under Part XI of UNCLOS, the Orders represent an important development in the evolution of the international legal framework governing seabed minerals, establishing key principles concerning due process and reinforcing judicial oversight and guidance on the procedural protections applicable to ISA contractors.

NORI and TOML were represented before the Seabed Disputes Chamber by Watson Farley & Williams LLP, led by Nathan Eastwood as Agent, Counsel and Advocate, together with Samuel Wordsworth KC, Amy Sander KC, and Sean Aughey of Essex Court Chambers.