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Slovenia and RS Progress Towards Resolution in Ugljevik Arbitration Dispute

In a significant development in the energy sector, Slovenia and the Republic of Srpska (RS) are making strides toward resolving their long-standing legal dispute concerning the Ugljevik coal power plant. The Slovenian utility company, Elektrogospodarstvo Slovenije, has agreed to pause international arbitration proceedings valued at approximately €665 million. This decision follows a proposal from RS authorities, including state utility ERS and RiTE Ugljevik, aimed at facilitating negotiations for a settlement.

The arbitration case is rooted in unpaid obligations related to electricity deliveries, primarily concerning interest on power supplied by RiTE Ugljevik that remains unsettled. Tensions escalated when Slovenian courts upheld the legitimacy of Elektrogospodarstvo Slovenije’s claims in previous rulings. In light of renewed discussions, Slovenia has indicated a willingness to potentially write off around €30 million if an agreement regarding the remaining debt can be achieved.

A critical deadline for progress has been established for February 6, 2026. Should negotiations fail by this date, proceedings at the International Centre for Settlement of Investment Disputes (ICSID) in Washington are set to resume, with potential compensation claims nearing €700 million. Recent discussions among RiTE Ugljevik’s management have focused on drafting a third agreement that would address outstanding liabilities and establish clear timelines and conditions for resolution, with hopes pinned on reaching a final accord by the end of April.

RS Energy and Mining Minister Petar Đokić emphasized that the current arrangement mitigates significant financial risk, noting that an unfavorable arbitration award could have escalated to €700 million. He assured that the RS Government is committed to fulfilling its obligations through RiTE Ugljevik and ERS, with state intervention reserved as a last resort. A formal agreement would lead to the withdrawal of the arbitration case, effectively concluding this protracted dispute.

Historically, Elektrogospodarstvo Slovenije played a pivotal role in financing the construction of the Ugljevik plant and secured rights to one-third of its output. However, disruptions in power deliveries during the Yugoslav conflict prompted legal action first in Belgrade and subsequently at ICSID. The Belgrade court ruled favorably for Elektrogospodarstvo Slovenije, mandating payment of both principal and interest while confirming obligations to resume electricity deliveries as long as operations at Ugljevik continue.

Minister Đokić reported that approximately 20% of the total debt identified by courts has already been repaid, indicating some level of progress towards resolving this enduring conflict between Slovenia and Bosnia and Herzegovina.

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