THE HAGUE: Pakistan has secured an important procedural advantage in its legal battle with India over the Indus Waters Treaty (IWT), as the Permanent Court of Arbitration has directed New Delhi to submit operational data related to its hydropower projects on rivers allocated to Pakistan.
According to reports, the tribunal has instructed India to provide detailed operational logbooks for the Baglihar and Kishanganga hydropower projects by February 9. If India fails to comply, it will be required to formally justify its non-submission before the court.
At the same time, Pakistan has been asked to specify by February 2 the exact records it seeks from India. The second round of hearings on the substantive issues of the case is scheduled for February 2 and 3 in The Hague. The tribunal made it clear that the proceedings will continue irrespective of whether India participates.
Pakistan will be represented by a senior delegation headed by the Attorney General. Islamabad maintains that India has violated the hydropower-related provisions of the IWT by unlawfully storing water in its dams. Pakistani officials argue that the requested operational records are essential to proving claims of water manipulation and reduced downstream flows.
The court also clarified that it alone has the authority to approve any additional water storage under the Treaty, stressing that neutral experts cannot sanction interim measures. Operational data from dams located in Indian-administered Kashmir were described as critical evidence for adjudicating the dispute.
Legal experts view the tribunal’s order as a notable step in Pakistan’s favor, reinforcing its stance under the 1960 Indus Waters Treaty framework.
Separately, Pakistan had announced on November 12, 2025, that it would continue participating in the Neutral Expert proceedings under the IWT despite India’s decision to stay away. In a statement, the Foreign Office said that on November 10, 2025, the Court of Arbitration issued clarifications in response to Pakistan’s request regarding the interpretation of the Treaty.
According to the FO, the court confirmed that its jurisdiction extends beyond the issue of “freeboard” and covers all elements of run-of-river hydropower projects India may build on the Western Rivers. It further ruled that any design enabling artificial elevation of water levels above the approved Full Pondage Level is not permitted.
Pakistan also welcomed a related Procedural Order, noting that arbitration will proceed in stages while accounting for the Neutral Expert process under Article IX and Annexure F of the Treaty. The next phase of the Neutral Expert proceedings, initiated by India, is scheduled to take place in Vienna from November 17 to 21, 2025.
Despite India’s withdrawal from the process, Pakistan reiterated its commitment to engage constructively. The Foreign Office added that the Neutral Expert has already ruled that India’s absence does not obstruct the continuation of the proceedings.
