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Published 09 Feb, 2026 10:23pm

Indus Waters Treaty: Arbitration court to proceed despite India’s non-cooperation

The Court of Arbitration under the Indus Waters Treaty has confirmed its jurisdiction and announced that proceedings will continue despite India’s failure to cooperate, according to Procedural Order No. 19 issued on January 29, 2026.

The tribunal had directed India to submit operational data related to the Baglihar and Kishanganga hydropower projects by February 9. However, sources said New Delhi missed the deadline and did not provide the required information.

In its order, the court stated that arbitration would move forward even in India’s absence. It noted that critical data on water reservoirs and logbooks remained in India’s possession and placed the burden of evidence on New Delhi.

The tribunal warned that failure to share relevant information could lead to adverse legal consequences. It also highlighted the importance of transparency in resolving technical disputes under the treaty framework.

Pakistan, meanwhile, has continued to cooperate fully with the arbitration process and has submitted all required documents, officials said.

The court described its August 2025 arbitration ruling as significant in the context of the current proceedings and stressed that the case forms part of the Indus Waters Treaty’s dispute resolution mechanism.

Separately, United Nations special rapporteurs had sought clarifications from India on October 16, 2025, with a response deadline of December 16, 2025. India did not submit any reply within the stipulated period.

Legal experts said India’s continued silence could weaken international accountability mechanisms and undermine the principle of treaty compliance.

Observers noted that non-cooperation may affect India’s legal standing in international forums, while the outcome of the arbitration could have long-term implications for regional water disputes.

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