Order of 24 June 2026 (Order 2026/6) in the Case concerning an inquiry by the International Seabed Authority (Nauru Ocean Resources Inc. v. International Seabed Authority)

Authoritative text

List of Cases No. 34

Order 2026/6

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

YEAR 2026

24 June 2026

CASE CONCERNING AN INQUIRY

BY THE INTERNATIONAL SEABED AUTHORITY

(NAURU OCEAN RESOURCES INC. v. INTERNATIONAL SEABED AUTHORITY)

ORDER

The President of the Seabed Disputes Chamber (hereinafter "the Chamber") of the International Tribunal for the Law of the Sea (hereinafter "the Tribunal"),

Having regard to article 190, paragraph 1, of the United Nations Convention on the Law of the Sea (hereinafter "the Convention"),

Having regard to articles 27 and 40, paragraph 1, of the Statute of the Tribunal,

Having regard to articles 118, paragraph 1, and 119, paragraphs 3 and 4, of the Rules of the Tribunal (hereinafter "the Rules"),

Having regard to the Application of Nauru Ocean Resources Inc. (hereinafter "NORI") filed with the Registry on 5 June 2026 (hereinafter "the Application") instituting proceedings against the International Seabed Authority (hereinafter "the Authority"),

Having regard to the Request submitted by NORI on 5 June 2026 for the prescription of provisional measures by the Chamber in accordance with article 290, paragraph 1, of the Convention,

Having regard to the Order of the President of the Chamber of 10 June 2026,

Makes the following Order:

1. Whereas, in its Application, NORI states that it is "a company incorporated in the Republic of Nauru ... and operates as a sponsored contractor under the regulatory framework of UNCLOS", that it has entered into an exploration contract with the Authority on 22 July 2011 and that "[a]t all times while the Exploration Contract has been in force, Nauru has been NORI's sponsoring State";

2. Whereas, by note verbale dated 5 June 2026 addressed to the Permanent Representative of Nauru to the United Nations, the Registrar notified Nauru, pursuant to article 118, paragraph 1, of the Rules, of the filing of the Application by NORI against the Authority as well as of the submission of the Request for the prescription of provisional measures, and whereas, copies of the Application and the Request were transmitted to Nauru;

3. Whereas, in the same note verbale, the Registrar drew the attention of Nauru to the sponsoring State's right to participate in the proceedings under article 190, paragraph 1, of the Convention and article 119, paragraph 3, of the Rules;

4. Whereas, in a letter dated 10 June 2026 and received by the Registry on 15 June 2026, the Non-Resident Permanent Representative of Nauru to the Authority stated that "Nauru, as NORI's sponsoring State, hereby gives notice of its intention to submit written and oral statements in relation to NORI's application, including in respect of NORI's additional request for the prescription of provisional measures under Article 290(1) of UNCLOS";

Fixes 24 July 2026, noon (Hamburg time), as the time limit for the submission of the written statement of Nauru;

Reserves the subsequent procedure for further decision.

Done in English and in French, both texts being equally authoritative, in the Free and Hanseatic City of Hamburg, this twenty-fourth day of June two thousand and twenty-six, in three copies, one of which will be placed in the archives of the Tribunal and the others transmitted to NORI and the Authority, respectively.

David Joseph ATTARD

President of the Seabed Disputes Chamber

Ximena HINRICHS OYARCE

Registrar