India appoints arbitrators for Kishanganga project Preparing for a legal battle with Pakistan on the Kishanganga hydro-electric project in Jammu and Kashmir in the international court of arbitration, India has appointed two international legal experts as its arbitrators for the 330 MW project.
They are Vice President of the International Court of Justice Peter Tomka and reputed international Legal expert and Member of the International Law Commission Prof Lucius Caflisch.
India has also invited Pakistan for consultations on the appointment of three umpires, including a Chairman of the Court of Arbitration, by mutual agreement.
The two arbitrators were appointed to the seven-member Court of Arbitration under the provisions of the 1960 Indus Water Treaty between the two countries after Pakistan had appointed its two arbitrators earlier.
An External Affairs Ministry spokesman said in response to a question that on May 18, Pakistan had instituted arbitration proceedings on the Kishanganga Hydro-electric Project, being constructed on River Kishanganga in Jammu and Kashmir, ‘in terms of paragraph 2 (b) and paragraph 6 of Annexure G to the Indus Waters Treaty, 1960.’ Pakistan had appointed Judge of the International Court of Justice and Bruno Simma international legal consultant Jan Paulsson as its arbitrators for the Court of Arbitration, which is being set up in accordance with the Treaty.
‘As per the Treaty provisions, Government of India conveyed to Pakistan today the names of its two arbitrators,’ the spokesman said.
The Kishanganga Hydro-electric Project on river Kishanganga, a tributary of river Jhelum, in Baramulla district of Jammu and Kashmir, involves construction of a 37m high concrete-faced rockfill dam and an underground powerhouse.
The proposed scheme envisages diversion of the Neelum waters into the Jhelum through a 21-km long tunnel to produce 330 MW power.
Pakistan has been opposing the project by saying that it would adversely affect its hydro-electric project in Pakistan-occupied- Kashmir (PoK) on the Neelum-Jhelum River.