Indus Waters Treaty Court of Arbitration

Published on 25 Oct 2025

• India has rejected the recent "supplemental award" by the Court of Arbitration (CoA) on the Kishenganga and Ratle hydroelectric projects. 

• Under the 1960 Indus Waters Treaty (IWT), mediated by the World Bank, Pakistan controls the Indus, Chenab, and Jhelum rivers, with India allowed only non-consumptive use (e.g., run-of-river projects). 

• India built Kishanganga (Jhelum) and Ratle (Chenab) as run-of-river projects, but Pakistan claims illegality.

• The IWT's dispute resolution involves a three-tier system: Permanent Indus Commission, Neutral Expert (for technical disputes), and CoA (for legal disputes). 

• India sought a Neutral Expert, while Pakistan requested a CoA in 2016. 

• The World Bank, in 2022, controversially set up both processes.

• The Court of Arbitration (CoA) decided on July 6, 2023, that it had the authority to hear the case, even though India disagreed. 

• This was the main award of competence by the court.

• India has consistently not recognized the CoA's legitimacy since its inception. 

• Following the April 22, 2025 Pahalgam terror attack, India put the IWT in abeyance, asserting its sovereign right.

• Pakistan subsequently questioned the CoA's competence given India's actions, leading to the "supplemental award" on June 27, 2025, which again confirmed the CoA's ongoing jurisdiction. 

• India has rejected this supplemental award, reiterating its non-recognition of the CoA and stating that the IWT's abeyance means India will not engage with the Court.

Keywords:

Indus Waters Treaty Court of Arbitration Court of Arbitration CoA Indus Waters Treaty IWT Pakistan Indus Kishanganga Jhelum Ratle Chenab World Bank Border disputes Water sharing