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Indus Waters Tribunal Concludes Phase-Two Merits Hearing After India Fails to Appear

The panel is considering how treaty limits should govern project capacity calculations, with warnings that missing data may trigger adverse inferences.

Overview

  • The Court of Arbitration finished the second-phase merits hearing on February 3 in Pakistan’s case under the Indus Waters Treaty.
  • India did not respond to the invitation to participate in the hearing and was absent from the proceedings.
  • This phase addresses how installed capacity and anticipated load must be determined and used to calculate maximum pondage for run-of-river projects permitted on the western rivers.
  • Earlier awards affirmed the tribunal’s jurisdiction, rejected India’s claim that the treaty was in abeyance, and confirmed the IWT remains in force.
  • The tribunal set a compliance deadline around February 9 and cautioned that non-production of data could lead to adverse inferences and ex parte steps as proceedings continue.