India rejects Court of Arbitration’s pondage award on Indus Waters Treaty

India on 16 May rejected an award reportedly issued by the Court of Arbitration (CoA) at The Hague concerning the issue of maximum pondage at Indian hydroelectric projects on the Indus river system. India reiterated that it does not recognise the tribunal as lawfully constituted and maintained that its decision to keep the Indus Waters Treaty in “abeyance” remains effective.

The ruling is understood to be linked to objections raised by Pakistan regarding the Kishenganga Hydroelectric Project and Ratle Hydroelectric Project.

India has consistently argued that the so-called Court of Arbitration was “illegally constituted” and lacks legitimacy under the framework of the treaty.

A day after the 22 April 2025 Pahalgam terror attack, India announced several punitive measures against Pakistan, including placing the Indus Waters Treaty in abeyance.

The Indus Waters Treaty was signed on 19 September 1960 after nine years of negotiations between India and Pakistan, with the World Bank acting as a facilitator. The treaty contains 12 Articles and 8 Annexures (A to H).

Under the treaty:

• The waters of the eastern rivers — Sutlej River, Beas River and Ravi River — are allocated for unrestricted use by India.
• Pakistan receives waters from the western rivers — Indus River, Jhelum River and Chenab River.

The treaty also permits India limited non-consumptive use of waters from the western rivers, including for hydroelectric power generation under specified conditions.

India has further maintained that the treaty is fundamentally a bilateral arrangement between India and Pakistan, with the World Bank having only a limited procedural role as a facilitator.