The Enrica Lexie Incident (Italy v. India)

The arbitral proceedings were instituted under the United Nations Convention on the Law of the Sea (“UNCLOS”) on 26 June 2015, when Italy served on India a “Notification under Article 287 and Annex VII, Article 1 of UNCLOS and Statement of Claim and Grounds on Which it is Based”.

According to Italy, the Parties’ dispute arises from an incident approximately 20.5 nautical miles off the coast of India involving the “Enrica Lexie”, an oil tanker flying the Italian flag, and India’s subsequent exercise of criminal jurisdiction over the vessel and two Italian marines from the Italian Navy. According to India, the incident in question concerns the killing of two Indian fishermen on board an Indian vessel named the “St. Antony”, and India’s subsequent exercise of jurisdiction. It is alleged that the two Italian marines aboard the “Enrica Lexie” killed the fishermen.

On 11 December 2015, Italy filed a Request for the Prescription of Provisional Measures pursuant to Article 290, paragraph 1 of UNCLOS. On 26 February 2016, India submitted its Written Observations on that Request. Following a public hearing held in the Peace Palace, on 29 April 2016, the Arbitral Tribunal adopted an Order in respect of Italy’s Request.

In accordance with the procedural calendar established by the Arbitral Tribunal, the Parties subsequently exchanged written pleadings on the Tribunal’s jurisdiction and the merits of the case. On 30 September 2016, Italy filed its Memorial. On 14 April 2017, India submitted its Counter-Memorial, in which it, in addition to responding to Italy’s Memorial, raised objections to the jurisdiction of the Arbitral Tribunal and the admissibility of Italy’s claims, and presented counter-claims. On 11 August 2017, Italy filed its “Reply on the Merits – Counter-Memorial on Jurisdiction – Counter-Memorial on India’s Counter-Claims”. On 15 December 2017, India submitted its “Rejoinder on the Merits – Reply on Jurisdiction – Reply to Italy’s Counter on India’s Counter-Claims”. On 9 March 2018, Italy filed its “Rejoinder on Jurisdiction and on India’s Counter-Claims”.

Due to an unforeseen health issue affecting a member of the Tribunal, the Tribunal decided to postpone the hearing in the present arbitration, which had been scheduled to take place in the autumn of 2018.

On 12 October 2018, the Parties were informed by the Registry that one of the members of the Arbitral Tribunal, H.E. Judge P. Chandrasekhara Rao, had passed away on 11 October 2018. Accordingly, it now falls to India to appoint a substitute arbitrator pursuant to Article 6 of the Rules of Procedure. Such appointment should occur if possible within thirty days, or otherwise not later than sixty days.

New dates for the hearing will be fixed in due course in consultation with the Parties. Further information in this regard will be posted on the present website as it becomes available.


Case information

Name(s) of Claimant(s) The Italian Republic (State)
Name(s) of Respondent(s) The Republic of India (State)
Names of Parties -
Case number 2015-28
Administering institution Permanent Court of Arbitration (PCA)
Case status Pending
Type of case Inter-state arbitration
Subject matter or economic sector Law of the sea
Rules used in arbitral proceedings Ad Hoc Rules of Procedure
Treaty or contract under which proceedings were commenced

[Multilateral treaty]
UNCLOS


Language of Proceeding English
Seat of Arbitration (by Country) - N/A -
Arbitrator(s)

H.E. Judge Vladimir Golitsyn (President)

Professor Francesco Francioni

H.E. Judge Jin-Hyun Paik

H.E. Judge P. Chandrasekhara Rao (until 11 October 2018)

H.E. Judge Patrick L. Robinson

Representatives of the Claimant(s)

Agent

H.E. Ambassador Francesco Azzarello

 

Counsel (partial list)

Sir Daniel Bethlehem, QC

20 Essex Street Chambers

Mr. Ben Juratowitch, QC

Freshfields Bruckhaus Deringer

Representatives of the Respondent(s)

Agent

Dr. Vishnu Dutt Sharma

 

Co-Agent

H.E. Mr. Venu Rajamony

 

Deputy Agent

Dr. Luther M. Rangreji

 

Counsel (partial list)

Professor Alain Pellet

Mr. Rodman Bundy

Eversheds Harry Elias LLP

Representatives of the Parties
Number of Arbitrators in case 5
Date of commencement of proceeding 26 June 2015
Date of issue of final award -
Length of Proceedings
Additional notes

On 12 October 2018, the Parties were informed by the Registry that one of the members of the Arbitral Tribunal, H.E. Judge P. Chandrasekhara Rao, had passed away on 11 October 2018. Accordingly, it now falls to India to appoint a substitute arbitrator pursuant to Article 6 of the Rules of Procedure. Such appointment should occur if possible within thirty days, or otherwise not later than sixty days.


Attachments

Written submission
1. Italy Notification
2. Annexes IT-1 to IT-31
3. Italy Request
4. Annexes IT-32 to IT-64
5. India Written Observations
6. Annexes IN-1 to IN-5
Procedural Order
Rules of Procedure
Procedural Order No. 1
Procedural Order No. 2
Procedural Order No. 3
Procedural Order No. 4
Award or other decision
Order - Request for the Prescription of Provisional Measures
Press Release
Press Release
Communiqué de presse
Press Release
Communiqué de presse
Press Release
Media Accreditation Form
Communiqué de presse
Press Release
Communiqué de presse
Image
Counsel for the Republic of India - 2
Hearing in Session - 3
Counsel for the Italian Republic - 1
Dr. Neeru Chadha, Agent for the Republic of India
H.E. Judge Patrick Robinson and Professor Francesco Francioni
H.E. Judge Vladimir Golitsyn (President)
Hearing in session - 1
H.E. Judge P. Chandrasekhara Rao and H.E. Judge Jin-Hyun Paik
The Arbitral Tribunal
Delegation of the Republic of India
Counsel for the Italian Republic - 3
Preparation for the hearing
Delegation of the Italian Republic
Counsel for the Italian Republic - 2
H.E. Ambassador J.S. Mukul, Co-Agent of the Republic of India
Counsel for the Republic of India - 1
Hearing in session - 2
H.E. Ambassador Francesco Azzarello, Agent of the Italian Republic
Transcript/Minutes
Transcript - Day 1 - Provisional Measures
Transcript - Day 2 - Provisional Measures

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