Sparks - The Metals Company

The Seabed Disputes Chamber under Part XI of the United Nations Convention on the Law of the Sea (UNCLOS) judges have ruled unanimously to prescribe provisional measures to protect the rights of TMC’s subsidiaries, Nauru Ocean Resources (NORI) and Tonga Offshore Mining (TOML), in their proceedings against the International Seabed Authority (ISA). The 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.

TMC welcomed the unanimous orders of the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea prescribing provisional measures to protect the rights of its subsidiaries, NORI and TOML, in their proceedings against the ISA. 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.

TMC has c 1.6bn tonnes of existing estimated resource plus an additional c 300Mt resource potential in the Clarion Clipperton Zone, an area of sea floor in the Pacific Ocean between Hawaii and Mexico. Its resource is contained in two contract areas: NORI (c 850Mt, sponsoring state Republic of Nauru) and TOML (c 750Mt, sponsoring state Kingdom of Tonga). These contract areas are themselves contained within the larger application areas for which TMC is seeking permits from National Oceanic and Atmospheric Administration through the US regulatory regime. For more detail about TMC see  Q126: Healthy liquidity, more milestones ahead (May 206) and Focus on accelerated execution in 2026 (April 2026).