not caused by the movement or manoeuvring of either ship”, meaning that the event was not an “incident of navigation” (Award, para. 652). The tribunal further rejected Italy’s claim under Article 100 of the
UNCLOS concerning the obligation to cooperate in matters of piracy, and the derivative claim under Article 300 of the
UNCLOS concerning the obligation to exercise rights in good faith (Award, paras. 728, 730). At this point, all of Italy’s arguments against India’s exercise of jurisdiction, based on provisions of the
UNCLOS, had been examined and rejected. ...