Pakistan seeks arbitration on design flaws in India’s hydro-electric projects under Indus Waters Treaty

The Court of Arbitration (CoA) concluded its second-phase hearing on February 3, 2026, in the arbitration initiated by Pakistan against India under the Indus Waters Treaty (IWT). The case focuses on the interpretation and application of IWT provisions related to India’s run-of-river hydro-electric projects on the Indus, Jhelum, and Chenab rivers and their tributaries, before these rivers flow into Pakistan.

During the proceedings, Pakistan requested the Court to address specific design elements of these projects, particularly in relation to the determination of installed capacity, anticipated load, and maximum pondage. 

The Court’s Procedural Order No. 17, issued on November 21, 2025, outlined the focus for this phase of the arbitration, which seeks to resolve how India must calculate these elements for its hydro-electric plants.

Pakistan’s delegation at the hearing included key officials such as Mansoor Usman Awan, Attorney General for Pakistan; Syed Muhammad Mehar Ali Shah, Pakistan’s Commissioner for Indus Waters; and Syed Haidar Shah, Ambassador to The Netherlands, among others. They were supported by a team of legal counsels and technical advisors.

India, however, chose not to respond to the invitation for participation and did not attend the hearing. The Court of Arbitration, chaired by Professor Sean D Murphy of the United States, also includes members from Belgium, the United States, Jordan, and Australia.

The Permanent Court of Arbitration (PCA) serves as the secretariat for the ongoing proceedings, which aim to resolve longstanding issues under the IWT governing the water-sharing arrangement between the two countries.