Online
WASHINGTON
Pakistan has asked the World Bank to restart the process of arbitration in its water dispute with India despite New Delhi’s objections, says media reports.
In its communications with the bank, Pakistan argued that only arbitration can save the Indus Waters Treaty (IWT), which has successfully resolved water disputes between India and Pakistan for more than half a century.
That’s why Pakistan wants the bank to restart arbitration, even if India disagrees with the suggestion, as “much precious time has already been lost”. Pakistan first asked for arbitration on Aug 19, 2016.
Last month, the World Bank paused the arbitration process, asking India and Pakistan to decide by the end of this month how they want this dispute resolved. The bank said it was doing so to protect the treaty.
The 1960 IWT gives Pakistan the right to demand the formation of the court of arbitration 60 days after submitting a formal request. That deadline expired on Oct 29, 2016.
The current dispute concerns two hydroelectric plants — Kishanganga and Ratle — that India is building on the rivers whose waters were given to Pakistan under the IWT. The treaty recognises the World Bank as a guarantor and arbitrator and gives both India and Pakistan the right to seek arbitration if they fail to resolve a dispute bilaterally.
A World Bank representative, Ian H. Solomon, visited India to hold discussion on the dispute. Indian officials told Mr Solomon that Pakistan’s request for setting up a court of arbitration was not acceptable to New Delhi. Instead, they urged the bank to appoint a neutral expert.
Pakistan demands a court of arbitration because it believes the dispute involves both legal and technical issues and while a neutral expert can consider the technical aspects, only a court can deal with legal problems.
Pakistan has also completed the formality of directly inviting India to appoint three umpires.
India’s refusal gives Pakistan the right to demand the drawing of lots for the appointment of these umpires, as provided for in the IWT.
