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
Rules used in arbitral proceedings
- 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)
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