Arbitration Between the Republic of Croatia and the Republic of Slovenia

On 4 November 2009, the Prime Ministers of Croatia and Slovenia signed an Arbitration Agreement, by which Croatia and Slovenia submitted their territorial and maritime dispute to arbitration. The Arbitration Agreement was subsequently ratified by Croatia and Slovenia in accordance with their respective constitutional procedures.

Article 3 of the Arbitration Agreement tasks the Arbitral Tribunal to determine (a) “the course of the maritime and land boundary between the Republic of Slovenia and the Republic of Croatia”; (b) “Slovenia’s junction to the High Sea”; and (c) “the regime for the use of the relevant maritime areas.”

Article 4 of the Arbitration Agreement mandates that the Tribunal apply (a) “the rules and principles of international law” for the determinations in respect of the course of the maritime and land boundary, and (b) “international law, equity and the principle of good neighbourly relations in order to achieve a fair and just result by taking into account all relevant circumstances” for the determinations in respect of “Slovenia’s junction to the High Sea” and the regime for the use of the relevant maritime areas.

 

Following a first procedural meeting on 13 April 2012, Croatia and Slovenia exchanged three rounds of extensive written submissions, which were accompanied by over two thousand documentary exhibits and maps. From 2 to 13 June 2014, a hearing was held at the Peace Palace, in the course of which both Parties presented their positions.

 

On 29 June 2017, the Tribunal rendered a Final Award at a public sitting at the Peace Palace, The Hague.

 

The Permanent Court of Arbitration acts as Registry in this arbitration.


Case information

Name(s) of Claimant(s) ()
Name(s) of Respondent(s) ()
Names of Parties

REPUBLIC OF CROATIA

Agent

Professor Maja Seršić, Head of the Department of International Law, University of Zagreb, Faculty of Law
(until 31 July 2015)


Co-Agent        

H.E. Ms. Andreja Metelko-Zgombić, Ambassador, Director-General, Directorate for European Law, International Law and Consular Affairs, Ministry of Foreign and European Affairs
(until 31 July 2015)
 
Counsel and Advocates     

Professor Zachary Douglas, Matrix Chambers (until 31 July 2015)
Mr. Paul Reichler, Foley Hoag LLP (until 31 July 2015)
Professor Philippe Sands QC, Matrix Chambers (until 31 July 2015)
Ms. Anjolie Singh (until 31 July 2015)
Professor Davor Vidas (until 31 July 2015)

 

REPUBLIC OF SLOVENIA

Agent(s)

Professor Mirjam Škrk, Head of the Chair of International Law, Faculty of Law, University of Ljubljana

H.E. Ms. Simona Drenik, Minister Plenipotentiary, Legal Advisor, Cabinet of the Minister, Ministry of Foreign Affairs (until 23 July 2015)

 

Co-Agent

H.E. Ms. Nataša Šebenik, Minister Plenipotentiary, Ministry of Foreign Affairs (as of 7 March 2016)


Counsel and Advocates     

Mr. Rodman R. Bundy, Eversheds LLP
Dr. Daniel Müller
Professor Alain Pellet
Sir Michael Wood, 20 Essex Street
 
Assistants to Counsel

Ms. Natasha Harrington, Eversheds LLP
Dr. Maja Menard
Ms. Alina Miron
Mr. Eran Sthoeger

Case number 2012-04
Administering institution Permanent Court of Arbitration (PCA)
Case status Pending
Type of case Inter-state arbitration
Subject matter or economic sector Border delimitation
Rules used in arbitral proceedings Permanent Court of Arbitration Optional Rules for Arbitrating Disputes between Two States
Treaty or contract under which proceedings were commenced (Bilateral treaty)CroatiaSlovenia
Language of Proceeding English
Seat of Arbitration (by Country) Belgium
Arbitrator(s)

Judge Gilbert Guillaume 
Professor Vaughan Lowe QC 
Judge Bruno Simma 
Ambassador Rolf Einar Fife (since 25 September 2015)
Professor Nicolas Michel (since 25 September 2015)


Judge Ronny Abraham (until 3 August 2015)

Professor Budislav Vukas (until 30 July 2015)

Dr. Jernej Sekolec (until 23 July 2015)

Representatives of the Claimant(s) -
Representatives of the Respondent(s) -
Representatives of the Parties
Number of Arbitrators in case 5
Date of commencement of proceeding 01 January 2012
Date of issue of final award 29 June 2017
Length of Proceedings Pending
Additional notes -

Attachments

Other
Arbitration Agreement of 4 November 2009
Tribunal Letter to Parties
Press Accreditation Form
Maps Made Part by Croatia of Its Formal Requests
Maps Made Part by Slovenia of Its Formal Requests
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Press Release (EN with Maps short)
Press Release (FR with Maps short)
Press Release (EN with Maps long)
Image
Statement by Minister of Foreign Affairs of the Republic of Croatia, H.E. Ms. Vesna Pusić
Hearing in session
Hearing in session
Statement by Minister of Foreign Affairs of the Republic of Slovenia, H.E. Mr. Karl Erjavec
Delegation of the Republic of Croatia
Delegation of the Republic of Slovenia
Republic of Croatia – Minister of Foreign Affairs with Members of the Delegation
Republic of Slovenia – Minister of Foreign Affairs with Members of the Delegation
Tribunal
Tribunal with staff members of the PCA
Tribunal (front row) with hearing participants
Tribunal and Party Agents (front row) with hearing participants
Arbitral Tribunal
Arbitral Tribunal in session
Arbitral Tribunal in session
Final Award Reading
Final Award Reading
Final Award Reading
Final Award Reading
Final Award Reading
Award or other decision
Partial Award
Final Award
Video
Final Award Reading

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