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 acted as Registry in this arbitration.
|Name(s) of Claimant(s)||()|
|Name(s) of Respondent(s)||()|
|Names of Parties||
REPUBLIC OF CROATIA
Professor Maja Seršić, Head of the Department of International Law, University of Zagreb, Faculty of Law
H.E. Ms. Andreja Metelko-Zgombić, Ambassador, Director-General, Directorate for European Law, International Law and Consular Affairs, Ministry of Foreign and European Affairs
Professor Zachary Douglas, Matrix Chambers (until 31 July 2015)
REPUBLIC OF SLOVENIA
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)
H.E. Ms. Nataša Šebenik, Minister Plenipotentiary, Ministry of Foreign Affairs (as of 7 March 2016)
Mr. Rodman R. Bundy, Eversheds LLP
Ms. Natasha Harrington, Eversheds LLP
|Administering institution||Permanent Court of Arbitration (PCA)|
|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|
Judge Gilbert Guillaume
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||More than 4 years|