ITLOS: the “Enrica Lexie” Incident (Italy v. India) Order delivered

The International Tribunal for the Law of the Sea delivered its Order in The “Enrica Lexie” Incident (Italy v. India), Provisional Measures case. The operative provisions prescribe, pending a decision by the Annex VII arbitral tribunal, the following provisional measures under article 290, paragraph 5, of the Convention:

Italy and India shall both suspend all court proceedings and shall refrain from initiating new ones which might aggravate or extend the dispute submitted to the Annex VII arbitral tribunal or might jeopardize or prejudice the carrying out of any decision which the arbitral tribunal may render;

Italy and India shall each submit to the Tribunal the initial report referred to in paragraph 138 not later than 24 September 2015, and authorizes the President, after that date, to request such information from the Parties as he may consider appropriate;

Both prescriptions were adopted by a majority of 15 to 6. The full text of the Order can be found here.

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