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] |
| 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. |