The arbitration concerning the border dispute between Slovenia and Croatia will continue despite Slovenia having acted in violation of the provisions of the Arbitration Agreement as these were not of such a nature as to entitle Croatia to terminate the Arbitration Agreement, the Permanent Court of Arbitration in The Hague reported on Thursday.
In a press release the court underscores that Slovenia had violated some provisions of the Arbitration Agreement signed in 2009, however, not to the extent that would justify Croatia's demand.
"The Tribunal holds that Slovenia, by engaging in ex parte contacts with the arbitrator originally appointed by it, acted in violation of provisions of the Arbitration Agreement. However, these violations were not of such a nature as to entitle Croatia to terminate the Arbitration Agreement, nor do they affect the Tribunal’s ability, in its current composition, to render a final award independently and impartially," the press release says.
Last year Croatia withdrew from the arbitration proceedings following media reports that telephone conversations between one of the agents designated by Slovenia, Simona Drenik, and the arbitrator originally appointed by Slovenia, Dr. Jernej Sekolec, had been intercepted.
Croatia's parliament unanimously decided to withdraw from the arbitration and recommended starting negotiations with Slovenia on an alternative way of resolving the land and sea border dispute before an international court.
Slovenia rejected the proposal and asked the Tribunal to complete its mandate as envisaged by the Agreement.
Last week President Kolinda Grabar-Kitarovic visited Slovenia and reiterated that she considered that the arbitration procedure and any possible ruling had been "irrevocably compromised."