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 that occurred on 15 February 2012 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 incident and over 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 the United Nations Convention on the Law of the Sea”. On 26 February 2016, India submitted the “Written Observations of the Republic of India on the Request of the Italian Republic for the Prescription of Provisional Measures under Article 290, paragraph 1, of the United Nations Convention on the Law of the Sea”. 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”.

On 26 November 2018, the Republic of India appointed Dr. Pemmaraju Sreenivasa Rao as arbitrator. Dr. Pemmaraju Sreenivasa Rao succeeds Judge Patibandla Chandrasekhara Rao, who had passed away on 11 October 2018, on the Arbitral Tribunal. In the event of the passing of a member of the Arbitral Tribunal, Article 6 of the Rules of Procedure provides that “the proceedings shall resume at the stage where the arbitrator who was replaced ceased to perform his or her functions, unless the Arbitral Tribunal decides otherwise.”

Due to the illness of Judge Rao, the hearing, originally scheduled to take place in the autumn of 2018, was postponed. On 19 December 2018, the Tribunal announced that the hearing would instead be held from 8 July to 20 July 2019.

From 8 July to 20 July 2019, the hearing was held at the seat of the Permanent Court of Arbitration (“PCA”) at the Peace Palace, The Hague, the Netherlands. The hearing addressed the jurisdiction of the Arbitral Tribunal as well as the merits of Italy’s claims and India’s counter-claims.

At the start of the hearing, on 8 July 2019, the Agent of the Italian Republic and the Agent of the Republic of India each made a brief opening statement, which was webcast live on the Internet. A video recording of the Agents’ opening statements is available below, under the rubric “Video”, the transcript is available under the rubric Transcripts/Minutes, and photographs of the hearing are available for download under the rubric “Image”. Pursuant to Article 23, paragraph 3, of the Rules of Procedure, as amended by Procedural Order No. 7 dated 16 May 2019, the remaining parts of the hearing were confidential and not webcast.

On 21 May 2020, the Tribunal adopted its Award, which was notified to the Parties on 9 June 2020. In accordance with the Rules of Procedure, as amended by Procedural Order No. 7, the Parties were provided with the opportunity to consider whether any parts of the Award should be designated as containing “confidential information”. On 2 July 2020, the Arbitral Tribunal published the operative part (dispositif) of the Award on the PCA Case Repository. On 10 August 2020, the Award, with certain redactions made at the request of the Parties, was published on the PCA Case Repository.

With the agreement of the Parties, the proceedings were closed by order of the Arbitral Tribunal on 12 October 2021.

Case information

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