Presidency of BiH considered the "Viaduct" case and adopted six conclusions

(Patria) - At the request of member of the Presidency of BiH Denis Bećirović, an extraordinary session of the Presidency of BiH on the "Viaduct" case was held in Sarajevo today.

The following conclusions were adopted at the session:

1. The Presidency of BiH notes that the Council of Ministers of BiH did not act on Conclusion of the Presidency of BiH No.: 01-50-1-1738-7/24 of July 4, 2024, regarding the ruling of the ISCID Tribunal of April 18, 2022, and did not, without delay, and no later than 15 days from the date of delivery of the adopted conclusion, determine all circumstances and facts related to the allegations from the submission of the joint law office from Sarajevo and the non-execution of the cited Ruling, nor did it submit an appropriate report to the Presidency of BiH on this matter;

2. The Presidency of BiH calls on the Council of Ministers of BiH to, without delay, take all measures within its competence for the execution of the ISCID Tribunal's ruling, with the obligation to protect the property and property interests of Bosnia and Herzegovina, both domestically and abroad, and to prevent further damage, and in particular, to take all other measures to protect the international credibility and reputation of the state of Bosnia and Herzegovina;

3. The Presidency of BiH calls on the Council of Ministers of BiH and the BiH Ombudsman to ensure and take all legal actions and measures within their competence during the execution of the ISCID Tribunal's ruling, in accordance with the laws and other regulations of Bosnia and Herzegovina and the application of the Agreement/contract concluded between the Council of Ministers of BiH and the Government of RS in 2017, according to which the Government of RS unconditionally and promptly undertook to pay the total debt, as well as all associated dependent and other costs in this regard;

4. The Presidency of BiH requires the Council of Ministers of BiH and the BiH Ombudsman to submit a comprehensive report to the Presidency of BiH no later than 10 days from the date of adoption of these conclusions on all arbitration disputes in which the state of Bosnia and Herzegovina was a contracting party, and the measures and actions taken by the BiH Ombudsman and the Council of Ministers of BiH, and which are being taken in these disputes, to protect the property and property interests of the state of BiH;

5. The Presidency of BiH tasks the Council of Ministers of BiH to take all necessary steps in the shortest possible time to re-evaluate existing contractual relationships from which existing and future arbitration disputes may arise.

Priority is given to the revision of existing contracts with the aim of eliminating the sources of exposure of the state of Bosnia and Herzegovina to arbitrary claims of foreign investors, not extending contractual relationships detrimental to the interests of Bosnia and Herzegovina, and adopting clear guidelines for future similar international agreements;

6. The Presidency of BiH tasks the Council of Ministers of BiH to take all necessary steps in the shortest possible time to prepare a proposal for amendments to the existing legal framework with the aim of eliminating legal ambiguities and preventing the recurrence of legal uncertainty.