Enrica Lexie Case (Between India and Italy): Award and Dissenting Opinions published by Permanent Court of Arbitration

On 2nd July 2020, The Permanent Court of Arbitration gave the judgment in the favour of India to claim compensation from Italy. It was also held by 3:2 majority that the Marines have immunity in relations to the acts and thus India wasn’t allowed to exercise its jurisdiction over the Marines.

 In this case, Italy was found to have acted in breach under Article 87, paragraph 1, subparagraph (a), and Article 90 of the United Nations Convention for the Law of the Sea and thus India was entitled to claim compensation for the loss of life, physical harm, material damage to property and moral harm suffered by the captain and other crew members of the “St. Antony””, the Indian Ship.

Earlier, the court had only published the extracts of the award of the case since Rules of Procedure provides publication of the award only after the Parties’ confidentiality review.

But now, the Permanent Court of Arbitration has published the Award and the dissenting opinions of the case.