With respect to the Arbitral Tribunal’s decision of 30 June 2016 concerning legal implications of Slovenia’s actions that caused irreparable harm to the arbitration process in the matter concerning the Croatian-Slovenian border dispute, the Ministry of Foreign and European Affairs of the Republic of Croatia considers the Arbitral Tribunal’s Partial Award as a missed opportunity for the Arbitral Tribunal to restore confidence in independence and impartiality of its own work, as well as confidence in international arbitration as such.
We remind that by its own actions Slovenia materially breached the Arbitration Agreement, so that its object and purpose could no longer be accomplished. For that reason – pursuant to a unanimous decision of the Croatian Parliament in July 2015 and in accordance with international law – procedure of termination of the Arbitration Agreement was initiated and its operation was suspended.
Croatia is no longer a party to the arbitration process, so, accordingly, the Ministry of Foreign and European Affairs shall not comment on the intentions or decisions of the Arbitral Tribunal, nor does Croatia consider itself bound by them, no matter if they concern procedural matters or the merits of the border dispute between the two states.