Summary

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VI. Operative provision (paragraph 192 of the Order)

For these reasons,

THE CHAMBER,

(1) Unanimously,

Prescribes, pending the final decision, the following provisional measures under article 290, paragraph 1, of the Convention:

(a) The Authority shall act in accordance with the relevant legal framework, including rules of due process, in the procedure for the inquiry mandated by the Council under paragraphs 9 and 10 of the 2025 Council Decision;

(b) In particular, the Authority shall clarify or provide to TOML the relevant information concerning the procedures for the implementation of paragraphs 9 and 10 of the 2025 Council Decision and the questions posed to TOML so as to enable TOML, engaging in a constructive manner with the Authority, to respond meaningfully to the questions and within a reasonable period of time; and

(c) The Parties shall cooperate and refrain from any action that might lead to aggravating the dispute.

(2) Unanimously,

Decides that TOML and the Authority shall each submit to the Chamber the initial report referred to in paragraph 190 not later than 31 August 2026, and authorizes the President of the Chamber, after that date, to request such information from the Parties as he may consider appropriate.

(3) Unanimously,

Decides that each Party shall bear its own costs for the present proceedings.

Judges Kittichaisaree and Brown append a declaration to the Order of the Chamber.

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