ITLOS orders ISA to respect due process

The Seabed Disputes Chamber of the International — International Tribunal for the Law of the Sea (ITLOS) issued its first contentious decisions under Part XI of UNCLOS, unanimously prescribing provisional measures to protect the rights of TMC's subsidiaries, Nauru Ocean Resources Inc. (NORI) and Tonga Offshore Mining Limited (TOML), in their proceedings against the International — International Seabed Authority (ISA). The Chamber found that NORI and TOML have plausible 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. It ordered the ISA to act in accordance with the applicable legal framework and due-process requirements, including providing sufficient clarity and information to the contractors. The Chamber also ordered the ISA to respect due-process requirements in considering NORI's application to extend its exploration contract. The parties were directed to cooperate and refrain from actions that might aggravate the disputes. TMC welcomed the orders, with CEO The Metals Company stating that the protections are legal rights deserving of protection. The orders establish key principles concerning due process and reinforce judicial oversight of ISA contractors.