The “Enrica Lexie” Incident (Italy v. India), Provisional Measures

On 26 June 2015, Italy instituted arbitration proceedings against India under Annex VII to the Convention in a dispute concerning “an incident … involving the M/V Enrica Lexie, an oil tanker flying the Italian flag, and India’s subsequent exercise of jurisdiction over the incident”.

Pending the constitution of the arbitral tribunal and after expiry of the two-week time limit provided for by article 290, paragraph 5, of the Convention, Italy, on 21 July 2015, submitted a request to the Tribunal for the prescription of provisional measures in respect of the dispute concerning the Enrica Lexie incident. The case was entered in the Tribunal’s list of cases as Case No. 24.

By an Order dated 24 July 2015, after having ascertained the views of the parties, the President fixed 10 August 2015 as the date for the opening of the hearing.

Since the Tribunal did not include upon the bench a judge of Italian nationality, Italy chose Francesco Francioni to sit as judge ad hoc in this case, pursuant to article 17 of the Statute and article 19 of the Rules.

India filed with the Tribunal its Written Observations on 6 August 2015.

Prior to the opening of the hearing, the Tribunal held initial deliberations on 8 August 2015.

Oral statements were presented at four public sittings held on 10 and 11 August 2015. In accordance with article 75, paragraph 2, of the Rules, the parties presented their final submissions at the hearing on 11 August 2015.

The Tribunal delivered its Order on 24 August 2015.

Written Pleadings

• Request under article 290, paragraph 5, of the Convention, submitted by the Italian Republic, together with the notification instituting arbitral proceedings
• Written observations submitted by the Republc of India

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Oral Proceedings

Verbatim Records

• ITLOS/PV15/C24/1/Rev.1 – 10 August 2015 a.m.
• ITLOS/PV15/C24/2/Rev.1 – 10 August 2015 p.m.
• ITLOS/PV15/C24/3/Rev.1 – 11 August 2015 a.m.
• ITLOS/PV15/C24/4/Rev.1 – 11 August 2015 p.m.

Minutes

• Minutes of public hearings (original language) in accordance with article 86 of the Rules of the Tribunal

Questions to the Parties

• Question to India posed by Judge Cot
• Question to Italy posed by Judge Cot
• Response from Italy to question posed by Judge Cot

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Final Submissions

• Final submissions of Italy
• Final submissions of India

Webcast Archives: Case No. 24

Order

• Order 2015/5 of 24 July 2015
• Order of 24 August 2015
  • Declaration of Judge Kateka
  • Declaration of Judge Paik
  • Declaration of Judge Kelly
  • Declaration of Judge ad hoc Francioni
  • Separate Opinion of Judge Jesus
  • Dissenting Opinion of Vice-President Bouguetaia
  • Dissenting Opinion of Judge Chandrasekhara Rao
  • Dissenting Opinion of Judge Ndiaye
  • Dissenting Opinion of Judge Lucky
  • Dissenting Opinion of Judge Heidar

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Press Releases

• ITLOS/Press 232: Request for provisional measures submitted to the Tribunal by the Italian Republic against the Republic of India
• ITLOS/Press 233: Public hearing to begin on 10 August 2015
• ITLOS/Press 234: Solemn declaration by Judge ad hoc – Public sitting to be held on Saturday, 8 August
• ITLOS/Press 235: Schedule for the public hearing
• ITLOS/Press 236: Tribunal to deliver its Order on Monday, 24 August 2015 at 11 a.m.
• ITLOS/Press 237: Tribunal orders parties to suspend all court proceedings which might aggravate or extend the dispute submitted to the Annex VII arbitral tribunal