Indus Waters Treaty Arbitration (Pakistan v. India)

On 19 August 2016, 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 was constituted pursuant to Annexure G. The Permanent Court of Arbitration acts as Secretariat to the Court of Arbitration pursuant to Paragraph 15(a) of Annexure G.


Case information

Name(s) of Claimant(s) The Islamic Republic of Pakistan (- N/A -)
Name(s) of Respondent(s) The Republic of India (- N/A -)
Names of Parties -
Case number 2023-01
Administering institution Permanent Court of Arbitration (PCA)
Case status Pending
Type of case Inter-state arbitration
Subject matter or economic sector Electricity/Power
Procedural rules - Other -
Treaty or contract under which proceedings were commenced

Bilateral treaty
Indus Waters Treaty
Country A: India
Country B: Pakistan

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

Court of Arbitration:

Professor Sean D. Murphy (Chairman)

Professor Wouter Buytaert

Mr. Jeffrey P. Minear

Judge Awn Shawkat Al-Khasawneh

Dr. Donald Blackmore

Representatives of the Claimant(s)

Agent for Pakistan:

Mr. Ahmad Irfan Aslam

Government of Pakistan

 

Deputy Agent for Pakistan: 

Mr. Raja Naeem Akbar

Federal Secretary

Ministry of Law and Justice

Government of Pakistan

 

Representatives for Pakistan:

Mr. Someir Siraj

Mr. Zohair Waheed

Ms. Leena Nishtar

Office of the Attorney-General for Pakistan

 

Mr. Syed Ali Murtaza

Federal Secretary

Ministry of Water Resources

 

Mr. Syed Muhammad Mehar Ali Shah

Pakistan Commissioner for Indus Waters

 

Mr. Khalid Mahmood

General Manager, Water and Agriculture Division

National Engineering Services Pakistan (NESPAK)

 

Mr. Syed Shahroz Bakhtiyar

Office of the Minister of Law and Justice 

 

Ms. Zainab Malik

Office of the Secretary of Law and Justice

 

Counsel for Pakistan:

Sir Daniel Bethlehem KC

Twenty Essex

 

Professor Attila Tanzi

3 Verulam Buildings

 

Professor Philippa Webb

Twenty Essex

 

Dr. Cameron Miles

3 Verulam Buildings

 

Mr. Stephen Fietta KC

Ms. Laura Rees-Evans

Ms. Megan Rippin

Ms. Miglena Angelova

Ms. Jane Byrne

Fietta LLP

 

Mr. Sean Brannigan KC

4 Pump Court

Representatives of the Respondent(s)

India has not appointed an Agent.  The Court of Arbitration has directed communications to the following representatives, ex officio:

 

Ms. Debashree Mukherjee

Secretary, Department of Water Resources,

River Development & Ganga Rejuvenation, Ministry of Jal Shakti

 

Mr. A.K. Pal

Commissioner (Indus)

Ministry of Jal Shakti

Representatives of the Parties
Number of Arbitrators in case 5
Date of commencement of proceeding 19 August 2016
Date of issue of final award -
Length of Proceedings Pending
Additional notes -

Documents

Notice of Arbitration
Request for Arbitration (including Note Verbale)
Amended Request for Arbitration
Written submission
Letter from India to the World Bank (including Explanatory Note)
Statement on Coordination and Division of Competence (Pakistan)
Response of Pakistan
Procedural Documents
Procedural Order No. 1
Procedural Order No. 2
Supplemental Rules of Procedure
Questions to be Addressed at the Hearing on Competence
Procedural Order No. 3
Procedural Order No. 4
Procedural Order No. 5
Further Questions to be Addressed at the Hearing on Competence
Procedural Order No. 6
Procedural Order No. 7
Procedural Order No. 8
Procedural Order No. 9
Procedural Order No. 10
Award or other decision
Award on the Competence of the Court
Press Release
PCA Press Release - First Meeting of Court of Arbitration
PCA Press Release - Hearing on Competence
PCA Press Release - Award on the Competence of the Court
PCA Press Release - Site Visit of NJHEP
Other
Site Visit - Neutral Observer Certificate of Conformity
Correction to the Award on the Competence of the Court
Image
First Meeting Photo No 1
First Meeting Photo No 2
First Meeting Photo No 3
First Meeting Photo No 4
Hearing on Competence Photo
Site Visit Photo No 1
Site Visit Photo No 2
Site Visit Photo No 3
Site Visit Photo No 4
Site Visit Photo No 5
Site Visit Photo No 6
Site Visit Photo No 7
Site Visit Photo No 8
Site Visit Photo No 9
Site Visit Photo No 10
Site Visit Photo No 11
Site Visit Photo No 12
Site Visit Photo No 13
Site Visit Photo No 14
Site Visit Photo No 15
Site Visit Photo No 16
Transcript/Minutes
Hearing on Competence (Day 1)
Hearing on Competence (Day 2)
Hearing on Competence (Day 3)