Indus Waters Kishenganga Arbitration (Pakistan v. India)

On May 17, 2010, the Islamic Republic of Pakistan instituted arbitral proceedings against the Republic of India under Paragraph 2(b) of Annexure G to the Indus Waters Treaty 1960. A Court of Arbitration composed of seven members was constituted pursuant to Annexure G. The Permanent Court of Arbitration acted as Secretariat to the Court of Arbitration pursuant to Paragraph 15(a) of Annexure G.


Case information

Name(s) of Claimant(s) Pakistan (State)
Name(s) of Respondent(s) India (State)
Names of Parties -
Case number 2011-01
Administering institution Permanent Court of Arbitration (PCA)
Case status Concluded
Type of case Inter-state arbitration
Subject matter or economic sector Water supply; sewerage, waste management and remediation
Procedural rules - Other -
Treaty or contract under which proceedings were commenced

Bilateral treaty
Indus Waters Treaty (1960)
Country A: Pakistan
Country B: India

Language of Proceeding English
Seat of Arbitration (by Country) Netherlands
Arbitrator(s), Conciliator(s), Other Neutral(s)

Judge Stephen M. Schwebel (Chairman) 
Sir Franklin Berman KCMG QC 
Professor Howard S. Wheater FREng 
Professor Lucius Caflisch 
Professor Jan Paulsson 
Judge Bruno Simma 
H.E. Judge Peter Tomka

Representatives of the Claimant(s)

Agent for Pakistan:
Mr Saif Ullah Chattha, Secretary, Ministry of Water and Power


Co-Agents for Pakistan:
Mirza Asif Baig, Pakistan Commissioner for Indus Waters
Mr Muhammad Karim Khan Agha, Prosecutor General, National Accountability Bureau


Counsel for Pakistan:
Professor James Crawford SC, University of Cambridge, Matrix Chambers
Professor Vaughan Lowe QC, University of Oxford, Essex Court Chambers
Mr Samuel Wordsworth QC, Essex Court Chambers
Ms Shamila Mahmood, Senior Legal Consultant, Government of Pakistan


Representatives for Pakistan:
Mr Aamir Shoukat, Chargé d’affaires, Embassy of Pakistan

Mr Faris Qazi, Deputy Commissioner for Indus Waters


Representative for the Government of Azad Jammu and Kashmir:
Sardar Raheem, Secretary of Irrigation and Agriculture

Representatives of the Respondent(s)

Agent for India:
Mr Alok Rawat, Secretary, Ministry of Water Resources


Co-Agents for India:
Mr Rudrendra Tandon, Joint Secretary (PAI), Ministry of External Affairs
Dr Neeru Chadha, Joint Secretary & Legal Adviser, Ministry of External Affairs
Mr G. Aranganathan, Member, Central Water Commission & Indian Commissioner for Indus Waters


Counsel for India:
Mr Fali S. Nariman, Senior Advocate, Supreme Court of India
Mr R.K.P. Shankardass, Senior Advocate, Supreme Court of India
Mr Rodman Bundy, Eversheds LLP, Singapore
Professor Stephen C. McCaffrey, McGeorge School of Law, University of the Pacific
Professor Daniel Barstow Magraw, Johns Hopkins University
Mr S.C. Sharma, Advocate, Supreme Court of India


Representatives for India:
HE Rajesh Nandan Prasad, Ambassador of India to the Netherlands
Mr Darpan Talwar, Director, Central Water Commission & Former Senior Joint Commissioner (Indus) Ministry of Water Resources, Technical Adviser
Mr P.K. Saxena, Senior Joint Commissioner, Ministry of Water Resources & Former Director, Central Water Commission, Technical Adviser
Mr Balraj Joshi, General Manager, NHPC Ltd., Project Representative
Mr Shahid Ali Khan, Chief (Environment), NHPC Ltd., Technical Advisor
Mr Rajeev Baboota, Chief Engineer, NHPC Ltd., Technical Advisor
Dr Alka Upadhyay, DHI (India) Ltd., Technical Advisor

Representatives of the Parties
Number of Arbitrators in case 7
Date of commencement of proceeding 17 May 2010
Date of issue of final award 20 December 2013
Length of Proceedings 2-3 years
Additional notes -


Award or other decision
Order on Interim Measures
Final Award
Decision on India's Request for Clarification or Interpretation dated 20 May 2013
Partial Award
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