On July 18, 2026, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered its order on provisional measures in Case concerning an inquiry by the International Seabed Authority (Nauru Ocean Resources Inc. v. International Seabed Authority). The case concerns an inquiry by the International Seabed Authority (ISA) on the possible non-compliance of Nauru Ocean Resources Inc. (NORI) with its contractual obligations under an exploration contract for polymetallic nodules. NORI instituted proceedings against ISA on June 5, 2026.
The Chamber found that it had prima facie jurisdiction over the dispute. It considered that the dispute concerned whether the ISA had observed due process during its inquiry and that the right asserted by NORI to due process and fair treatment was plausible. The Chamber further found that there was a real and imminent risk of irreparable prejudice to NORI’s claimed rights pending the final decision.
The Chamber unanimously ordered the ISA to comply with the relevant rules, including due process, when conducting the inquiry and reviewing NORI’s application to extend its exploration contract. It also required the ISA to explain the inquiry process and give NORI the information it needed to respond to the questions within a reasonable time. The parties were further ordered to cooperate and avoid taking any action that could worsen the dispute. NORI and the ISA must submit their first reports on compliance by August 31, 2026.
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