On 29 April 2016, the Arbitral Tribunal in the arbitration concerning the “Enrica Lexie” incident (Italy v. India) adopted its Order in respect of a request by Italy for the prescription of provisional measures. In the operative part of the Order, the Arbitral Tribunal unanimously prescribed the following provisional measures:
a) Italy and India shall cooperate, including in proceedings before the Supreme Court of India, to achieve a relaxation of the bail conditions of Sergeant Girone so as to give effect to the concept of considerations of humanity, so that Sergeant Girone, while remaining under the authority of the Supreme Court of India, may return to Italy during the present Annex VII arbitration.
b) The Arbitral Tribunal confirms Italy’s obligation to return Sergeant Girone to India in case the Arbitral Tribunal finds that India has jurisdiction over him in respect of the “Enrica Lexie” incident.
c) The Arbitral Tribunal decides that Italy and India each shall report to the Arbitral Tribunal on compliance with these provisional measures, and authorizes the President to seek information from the Parties if no such report is submitted within three months from the date of this Order and thereafter as he may consider appropriate.
The full text of the Order is available on the Case Repository of the PCA.
De Maribus 