ITLOS Orders ISA to Respect Due Process in Deep-Sea Mining Disputes — TMC the metals company Inc.

Event summary

The Seabed Disputes Chamber of ITLOS issued unanimous provisional measures on July 20, 2026, ordering the ISA to respect due process rights of TMC subsidiaries NORI and TOML.
Judges found a real and imminent risk of irreparable prejudice to NORI and TOML's rights pending final decisions.
The Chamber directed the ISA to provide clarity on procedures and questions underlying non-compliance inquiries.
This marks the first contentious decisions under Part XI of UNCLOS in deep-sea mining disputes.

The big picture

This ruling underscores the growing importance of judicial oversight in deep-sea mining regulation, as ISA Member States have invested significantly in offshore environmental research. The decision reinforces the need for a transparent and fair regulatory framework to maintain investor confidence in this emerging industry. The outcome could influence how other international tribunals handle similar disputes involving natural resource extraction.

What we're watching

Regulatory Compliance: Whether the ISA will fully comply with ITLOS orders and provide transparent, predictable regulatory oversight for seabed minerals industry.
Legal Precedent: How these decisions may set precedents for future disputes under UNCLOS Part XI governance framework.
Industry Development: The pace at which the seabed minerals industry can advance with strengthened judicial oversight and due process protections.