Pakistan welcomes supplemental award by Court of Arbitration in Indus Waters matter

Islamabad: Pakistan has welcomed the Supplemental Award by the Court of Arbitration in the Indus Waters matter, complementing Islamabad's stance that India can neither unilaterally suspend the treaty nor it can limit the competence of the court.    

Pakistan notes that the Court has affirmed its Competence in the light of recent developments and that unilateral action by India cannot deprive either the Court or the Neutral Expert, in the proceedings initiated by India, of their competence to adjudicate the issues before them.

Pakistan looks forward to receiving the Court's Award on the First Phase on the Merits in due course following the hearing that was held in Peace Palace in The Hague in July 2024.

The high priority, at this point, is that India and Pakistan find a way back to a meaningful dialogue, including on the application of the Indus Waters Treaty.

To this end, and reaching out to India, Prime Minister Shehbaz Sharif said on 24 June 2025, in widely publicized remarks, that Pakistan is ready to engage in a meaningful dialogue with India on all outstanding issues, including Jammu and Kashmir, water, trade and terrorism.

In a unanimous decision, which is binding on the Parties and without appeal, the Court found that India's position on "abeyance" of the Treaty does not limit the competence of the Court over this dispute. It further said that court's competence cannot be affected by the unilateral decision of a Party taken after the initiation of the arbitral proceedings, regardless of whether India's recent decision is characterized under international law as a suspension of the Treaty or otherwise. The Court further found that it has a continuing responsibility to advance these proceedings in a timely, efficient, and fair manner, notwithstanding India's position on "abeyance".

The Court rejected each of the objections raised by India and determined that the Court is competent to consider and determine the disputes set forth in Pakistan's Request for Arbitration.

The court carefully examined the Indus Waters Treaty and said that the treaty does not contain a clause to suspend it unilaterally.

The Court of Arbitration noted that the role of the arbitral tribunal in the Indus Waters Treaty is significant and the decision-making capacity of the court is not affected by the Indian move to suspend the treaty.

The court will not stop its proceedings due to a unilateral decision of one of the parties to suspend the treaty and will continue to make decisions on the Indus Waters Treaty.

The Indus Waters Treaty will be continued unless Pakistan and India mutually agree to suspend it. Neither party to the Indus Waters Treaty, including India, can unilaterally stop the mediation process to resolve any issue.

The attempt to prevent the role of the arbitrator in resolving the dispute is a violation of the mandatory provision for dispute resolution through arbitration mentioned in the Indus Waters Treaty. In light of all these facts, the Court decides that India has no right to unilaterally prevent the arbitration proceedings in the Indus Waters Treaty.

The Arbitration Court will continue to play its responsible, fair and effective role in resolving disputes regarding the Indus Waters Treaty.

It is pertinent to mention that Pakistan approached the Court of Arbitration in 2016 against India's illegal construction of water reservoirs on the western rivers. India requested the Arbitration Court for the appointment of a neutral expert.

India requested the tribunal to suspend the proceedings of the arbitral tribunal following the so-called unilateral suspension of the agreement, which was rejected today.