Who? Nathan Eastwood, partner, Watson Farley & Williams.
Why is he in the news? The firm announced ‘historic’ decisions for their clients, Nauru Ocean Resources Inc and Tonga Offshore Mining Ltd, in landmark tribunal proceedings concerning inquiries conducted by the International Seabed Authority’s Legal and Technical Commission. The inquiries concern alleged possible non-compliance with contractual obligations.
Thoughts on the case: ‘The decision is significant not only for our clients, but also for the development of international law. This was the first contentious case ever heard by the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea, a specialist tribunal established under Part XI of the United Nations Convention on the Law of the Sea to deal with disputes concerning activities in the international seabed area.
‘The chamber unanimously granted provisional measures and, in doing so, confirmed that contractors operating within the International Seabed Authority regime enjoy enforceable procedural rights, including rights to due process, transparency and fair treatment. The chamber held that those rights were plausible, that there was a real and imminent risk of irreparable prejudice, and that the authority was required to act consistently with due process in both its inquiry and contract extension processes.
‘For me, the wider significance of the ruling lies in its affirmation that even within highly specialised international regulatory systems, the rule of law and procedural fairness remain paramount. The judgment will likely become a foundational precedent for future disputes concerning governance of the international seabed.’
The International Seabed Authority said it had taken ‘careful note’ of the provisional measures orders, adding: ‘As acknowledged by the Seabed Disputes Chamber, the provisional measures orders in no way prejudice the chamber’s jurisdiction to deal with the merits of the claims, or any questions relating to the merits of the claims themselves.’
Dealing with the media: ‘International law cases rarely attract sustained public attention, but this dispute sits at the intersection of global governance, natural resources and emerging industries. My approach has been to focus on the legal principles rather than the politics. The case ultimately concerned due process and fairness in international decision-making.’
Why become a lawyer? ‘I was drawn to law because it combines intellectual challenge with practical problem-solving.’
Career high: ‘Acting as agent, counsel and advocate for the applicants in the first contentious case ever heard by the Seabed Disputes Chamber, and obtaining unanimous provisional measures in my client’s favour.’
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