IWT case: Arbitration court orders India to share key hydropower records

ISLAMABAD: In a significant development for Pakistan in the long-running Indus Waters Treaty dispute, an international court has ordered India to produce key operational records from its hydropower projects on rivers allocated to Pakistan.

The Court of Arbitration, constituted under the 1960 Indus Waters Treaty (IWT), issued a 13-page Procedural Order directing India to submit operational logbooks from the Baglihar and Kishanganga hydroelectric plants by February 9, 2026, or formally explain any refusal to do so.

Pakistan has been instructed to specify the exact documents it seeks by February 2, 2026. A hearing in the Second Phase on the Merits is scheduled to take place in The Hague from February 2 to 3, regardless of India’s participation.

Pakistan has consistently argued that India has misused the IWT’s hydropower provisions by exaggerating installed capacity and anticipated electricity load to justify excessive water storage—a practice Islamabad says directly undermines Pakistan’s water security.

The court agreed that the operational records—known as “pondage logbooks”—appear directly relevant and material to the issues under consideration, particularly in determining how installed capacity and anticipated load should be calculated for maximum permissible pondage.

Pakistan has indicated it may seek interim measures to prevent further prejudice to its treaty rights, including steps to halt actions that could aggravate the dispute. While the court did not rule on interim measures at this stage, it confirmed that only a court of arbitration—not a neutral expert—has the authority to grant such relief.

Independent legal experts say the ruling marks an important procedural win for Pakistan, strengthening its position that India’s actual hydropower operations, rather than theoretical design claims, are central to determining treaty compliance.

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