- In the first contentious decisions issued by the Seabed Disputes Chamber under Part XI of the United Nations Convention on the Law of the Sea (“UNCLOS”), judges ruled unanimously to prescribe provisional measures to protect the rights of TMC’s subsidiaries, NORI and TOML, in their proceedings against the International Seabed Authority (“ISA”)
- Judges concluded that NORI and TOML have rights to due process and fair treatment and that there is a real and imminent risk of irreparable prejudice to those rights pending a final decision
- 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
- The Orders represent an important development for the rule of law within the international seabed minerals regime as ISA Member States and their sponsored entities have invested significant capital into offshore environmental research and technology trials with the expectation that the regulatory framework will be transparent, predictable, and fairly applied
NEW YORK, July 20, 2026 (GLOBE NEWSWIRE) -- TMC the metals company Inc. (Nasdaq: TMC) (“TMC” or the “Company”), 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 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.
About The Metals Company
The Metals Company is a developer of lower-impact critical metals from seafloor polymetallic nodules, on a dual mission: (1) supply metals for energy, defense, manufacturing and infrastructure with net positive impacts compared to conventional production routes and (2) trace, recover and recycle the metals we supply to help create a metal commons that can be used in perpetuity. The Company has conducted more than a decade of research into the environmental and social impacts of offshore nodule collection and onshore processing. More information is available at www.metals.co.
