Pakistan scores key legal victory against India in Indus Waters Treaty dispute

THE HAGUE: The Permanent Court of Arbitration in The Hague has issued an order in the ongoing Indus Waters Treaty (IWT) dispute, requiring India to submit detailed operational records of its hydropower projects on Pakistani rivers, ARY News reported.

India has been directed to provide the operational logbooks for the Baglihar and Kishanganga projects by February 9. Failure to comply will require India to formally explain its reasons to the tribunal.

Pakistan, meanwhile, must clarify by February 2 which specific documents it is seeking. The second phase of the tribunal’s hearing on the merits of the case is scheduled for February 2 and 3 in The Hague. The court emphasized that proceedings will continue regardless of India’s participation.

A high-level Pakistani delegation, led by the Attorney General, will represent the country before the tribunal. Pakistan maintains that India has misused the hydropower provisions of the IWT, illegally storing water in its dams, and that operational logbooks are crucial to substantiate Pakistan’s claim of water withholding.

The tribunal highlighted that only it has the authority to allow any additional water storage, and neutral experts cannot authorize interim actions. The operational records of dams in Indian-administered Kashmir are considered vital evidence in resolving the dispute.

This order is being seen as a significant procedural victory for Pakistan, strengthening its position in the ongoing legal proceedings under the 1960 Indus Waters Treaty framework.

On November 12, 2025, Pakistan announced that it will participate in the Neutral Expert proceedings under the Indus Waters Treaty (IWT) despite India’s decision not to take part, according to a statement issued by the Foreign Office (FO).

The FO said that on November 10, 2025, the Court of Arbitration issued clarifications on Pakistan’s request regarding the interpretation of the Treaty. The court affirmed that its jurisdiction extends beyond the issue of “freeboard” to include all components of run-of-river hydroelectric plants that India may construct on the Western Rivers. It also emphasized that any design allowing artificial raising of the water level above the Full Pondage Level specified in the design is prohibited.

“In the context of the arbitration initiated by Pakistan against India under the provisions of the Indus Waters Treaty, Pakistan has taken note of the recent decision of the Court of Arbitration, which provides helpful clarification on aspects of the Court’s Award on Issues of General Interpretation of the Indus Waters Treaty, published on August 8, 2025,” the FO said.

Pakistan also acknowledged the Procedural Order issued alongside the decision, noting that the Court will continue to conduct the arbitration in a phased manner, taking into account the Neutral Expert proceedings being held under Article IX and Annexure F of the Treaty.

The Neutral Expert proceedings, initiated at India’s request, are set to enter their next phase in Vienna from November 17–21, 2025, the statement added.

While India has chosen to halt its participation, Pakistan confirmed it will continue to engage fully and in good faith in the process.

The FO further noted that the Neutral Expert has ruled that India’s absence does not prevent the proceedings from moving forward.