Arbitration between the Republic of Croatia and the Republic of Slovenia, Croatia v Slovenia, Partial Award, PCA Case No 2012-04, ICGJ 509 (PCA 2016), 30th June 2016, Permanent Court of Arbitration [PCA]
Whether Croatia’s (purported) unilateral termination of the Arbitration Agreement between the Government of the Republic of Croatia and the Government of the Republic of Slovenia (‘Arbitration Agreement’) deprived the Tribunal of its jurisdiction to determine the ‘existence or validity of the Arbitration Agreement’ under Article 21(1) of the Arbitration Agreement (Kompetenz-Kompetenz).
Whether Croatia had validly terminated the Arbitration Agreement under Article 60(1) of the Vienna Convention on the Law of Treaties.
Whether the dispute between the Parties as to the status of the Arbitration Agreement formed a part of the original dispute between the Parties, or was a new dispute under the Vienna Convention on the Law of Treaties.
Whether the arbitration process had been compromised to such an extent that the arbitration process was unable to continue.