As expected, the Croatian Ministry of Foreign Affairs confirmed that they had no intention of appointing a new member of the Court of Arbitratioin by August 14, when the 15-day time period foreseen in the Arbitration Agreement expires. They wrote that Croatia has ceased cooperating in implementation of the Arbitration Agreement.
They stopped implementing the Arbitration Agreement with informing Slovenia by a diplomatic note of the the Croatian National Assembly decision. On July 31 they have also informed the Court of Arbitration in writing that in compliance with the Vienna Convention on the law of international treaties the conditions for cessation of the Arbitration Agreements have been fulfilled due to breach of its provisions, Zagreb announced.
As we have already reported, the Croatian arbitrator Budislav Vukas resigned on June 31, and at that opportunity disclosed to media representatives that the Court of Arbitration intended to disposes Croatia of a part of territorial waters, which he has strongly opposed.
Both arbitrators to be chosen by Guillaume
It is to be expected that the Croatian arbitrator will be appointed by the President of the Court of Arbitration Gilbert Guillaume, as it is defined in the Arbitration Agreement. In compliance with the government decision from Thursday, Slovenia as well left to Guillaum the appointment of a successor to Ronny Abraham who resigned a week ago.
No time period is set for such cases in the Arbitration Agreement, therefore it is unknown when the President of the Court of Arbitration will appoint the two arbitrators. The Permanent Court of Arbitrators, which acts as the Registrar for the Court of Arbitration, refused to comment, as the procedures are confidential.
In the end of July the Court announced a hearing of both parties regarding the eavesdropping affair to be held within weeks. Slovenia suggested the hearing to be held in the end of August or in the beginning of September. Hopefully the court will be fully constituted at the time of the hearing.
G. K.
Translated by G. K.