Court of Arbitration Rules on Status of Indus Waters Treaty and Orders Interim Measures
3VB’s Cameron Miles has acted for the Islamic Republic of Pakistan in significant proceedings concerning the status and application of the Indus Waters Treaty 1960 between Pakistan and India.
On 31 August 2026, the Court of Arbitration constituted under the Treaty issued an Award on the status of the Treaty following India’s April 2025 decision to hold it “in abeyance”, together with an Order on Pakistan’s application for interim measures concerning construction of the Ratle Hydro-Electric Plant (RHEP).
Status of the Treaty
The Court considered whether India’s decision to place the Treaty “in abeyance” could be justified under the Treaty or general international law. It concluded that there was no legal basis for the suspension or termination of the Treaty and held that the Treaty remains fully in force.
India therefore remains bound by its obligations under the Treaty, including those governing the design and operation of hydro-electric projects on the Western Rivers of the Indus Basin.
Interim Measures
The Court also granted interim measures in relation to ongoing construction of the RHEP. India is prohibited from concreting the dam wall and power intake structure above specified levels until 90 days after the Neutral Expert delivers his final decision on whether the design of the project complies with the Treaty. That decision is currently expected in July 2027.
The Court also imposed reporting requirements concerning the RHEP construction schedule and confirmed that India bears the risk of having to discontinue, modify or dismantle works if elements of the project are ultimately found to be inconsistent with the Treaty.
The proceedings form part of a long-running dispute concerning the interpretation and application of the Indus Waters Treaty and the design of Indian run-of-river hydro-electric projects on the Indus, Jhelum and Chenab Rivers and their tributaries. Proceedings before the Court of Arbitration commenced in 2016, with parallel proceedings concerning the Kishenganga and Ratle projects taking place before a Neutral Expert appointed under the Treaty.
Cameron Miles of 3VB act as counsel for Pakistan alongside Sir Daniel Bethlehem KC and Professor Philippa Webb KC of Twenty Essex, instructed by Stephen Fietta KC and the team at Fietta LLP.
The Permanent Court of Arbitration acts as secretariat to the Court of Arbitration.
Access the decision in Status of the Treaty here. Access the Interim Measures decision here.
