India rejects Hague arbitration on Indus Waters Treaty, calls proceedings illegitimate

The stance comes even as the Hague-based court has scheduled fresh hearings for February 2–3 and ordered India to produce operational “pondage logbooks” from its Baglihar and Kishanganga hydroelectric projects as part of what it terms the “Second Phase on the Merits.”

The court noted that India has neither filed a counter-memorial nor indicated any intent to appear.

Government sources told NDTV that the CoA has been “illegally constituted” and is holding parallel proceedings despite a neutral expert process already being in place under the treaty.

“Since we do not recognise the legitimacy of the Court of Arbitration, we do not respond to any of its communications,” the sources said.

India has also argued that with the Indus Waters Treaty currently in abeyance, it is not bound to engage with the arbitration. Officials described the proceedings as a Pakistani attempt to draw India into participation to suggest that the treaty framework remains active.

India placed the IWT in abeyance on April 23, 2025, a day after a terror attack in Pahalgam killed 26 civilians.

New Delhi explicitly linked water cooperation with Pakistan to an end to cross-border terrorism, marking a major shift in policy since the treaty was signed in 1960.

Despite India’s position, the court has proceeded, allowing Pakistan to present arguments alone and warning that adverse inferences could be drawn if India does not comply with document requests.

The court has also asserted that India’s decision to suspend the treaty does not limit its jurisdiction, a claim India strongly disputes.

Under the IWT, India maintains that technical disputes must be addressed by a neutral expert and has accused Pakistan of forum shopping by activating arbitration.

Indian officials say the proceedings, without India’s participation and with the treaty suspended, risk becoming a one-sided legal exercise rather than a binding adjudication.