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The International Tribunal for the Law of the Sea (ITLOS) by a majority opinion of 15:6 has asked both India and Italy to suspend all court proceedings and refrain from initiating new ones which might aggravate or extend the dispute submitted to the ITLOS for arbitration by Italy or might jeopardize or prejudice the carrying out of any decision which the arbitral tribunal may render.
ITLOS has further asked Italy and India to submit to it, the initial report on compliance of aforesaid measures not later than 24 September 2015.
Above order has been passed on Italy’s request for the prescription of provisional measures pending the adjudiation of the dispute.
Decision by a majority of 15:6
Those who voted in favour of the above included President Golitsyn and Judges Akl, Wolfrum, Jesus, Pawlak, Yanai, Kateka, Hoffmann, Gao, Paik, Kelly, Attard, Kulyk, Gómez-robledo; Judge Ad Hoc Francioni;
Those who voted against included Vice-president Bouguetaia; Judges Chandrasekhara Rao, Ndiaye, Cot, Lucky, Heidar.
As reported earlier, Republic of Italy has approached ITLOS against India for the adjudication of the dispute over the Enrica Lexie incident, also known as the Italian marines case. Italy has invoked ITLOS’s jurisdiction under the United Nations Convention on the Law of the Sea (“UNCLOS”).
Under the Article 290, paragraph 5, of UNCLOS, Italy has also sought provisional measures, pending the constitution of an arbitral tribunal:
a. India shall refrain from taking or enforcing any judicial or administrative measures against Sergeant Massimiliano Latorre and Sergeant Salvatore Girone in connection with the Enrica Lexie Incident, and from exercising any other form of jurisdiction over the Enrica Lexie Incident; and
b.India shall take all measures necessary to ensure that restrictions on the liberty, security and movement of the Marines be immediately lifted to enable Sergeant Girone to travel to and remain in Italy and Sergeant Latorre to remain in Italy throughout the duration of the proceedings before the Annex VII Tribunal.”
India however has requested ITLOS to “to reject the submissions made by the Republic of Italy in its Request for the prescription of provisional measures and refuse prescription of any provisional measures in the present case”
Among others, Indian legal team included:
- P.S. Narasimha, Additional Solicitor General of India
- Mr Alain Pellet, Emeritus Professor, University Paris Ouest Nanterre La Défense; former Chairperson, International Law Commission; Member, Institut de droit international,
- Mr Rodman R. Bundy, Eversheds LLP Singapore; Member of the New York Bar; former Member of the Paris Bar
- Mr Narinder Singh, Chairman, International Law Commission,