Appeals Committee. Disputed situations in tournaments.

In a seasonal game against the opponent Positive, a controversial situation arose. The opponent attacks me, and after the battle, I have archers left on the field, while he has skeletons. My archers have -2 morale, and the skeletons can only catch up to me if three consecutive morale penalties occur. We played for 200 rounds, and this didn't happen.
The rules state: "If a 'stalemate' situation occurs in battle, the attacking player must retreat." Practically, the situation is a stalemate, but theoretically, it isn't.
Question: who should retreat?
This game is just for fun, and its result isn't that important, but I would like to know for sure for the future.