The Seabed Disputes Chamber of the International Tribunal for the Law of the Sea (ITLOS) has unanimously ordered the International Seabed Authority (ISA) to respect the due process rights of two subsidiaries of TMC the metals company Inc. (Nasdaq: TMC), Nauru Ocean Resources Inc. (NORI) and Tonga Offshore Mining Limited (TOML), in their proceedings against the 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. The orders require the ISA to act in accordance with the applicable legal framework, provide both contractors with sufficient clarity and information regarding the procedures and questions underlying the inquiry, and allow each contractor a meaningful opportunity to respond within a reasonable period.

The chamber also ordered the ISA to respect due process requirements when considering NORI's application to extend its exploration contract. Both parties were directed to cooperate and refrain from any action that might aggravate the disputes.

According to a company statement, these are 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).

"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.

NORI and TOML were represented by Watson Farley & Williams LLP, led by Nathan Eastwood, together with Samuel Wordsworth KC, Amy Sander KC, and Sean Aughey of Essex Court Chambers.