The Enrica Lexie Incident (Italy v. India)
On 26 June 2015, Italy served India with a notification of dispute under Article 287 and Annex VII, Article 1 of the United Nations Convention on the Law of the Sea (UNCLOS). According to Italy, the Parties’ dispute arises from an incident approximately 20.5 nautical miles off the coast of India involving the MV Enrica Lexie, an oil tanker flying the Italian flag, and India’s subsequent exercise of criminal jurisdiction over two Italian marines from the Italian Navy in respect of that incident. According to India, the “incident” in question concerns the killing of two Indian fishermen, on board an Indian vessel named the St. Antony, allegedly by two Italian marines stationed on the Enrica Lexie, and the subsequent exercise of jurisdiction by India.
Case information
| Name(s) of Claimant(s) | |
| Name(s) of Respondent(s) | () |
| 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 | - |
| Seat of Arbitration (by Country) | Netherlands |
| Arbitrator(s) | H.E. Judge Vladimir Golitsyn (President) Professor Francesco Francioni H.E. Judge Jin-Hyun Paik H.E. Judge P. Chandrasekhara Rao 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 |
|