India has formally rejected an award reportedly issued by the Court of Arbitration (CoA) at The Hague on May 15, 2026. The ruling concerned the maximum pondage allowed at Indian hydroelectric projects on the Indus river system.
Ministry of External Affairs spokesperson Randhir Jaiswal stated that India “categorically rejects the present so-called award,” adding that the government does not recognize the tribunal as legitimately constituted. Jaiswal further asserted that any decision or proceeding from the body is “null and void.”
The government also confirmed that its decision to hold the Indus Waters Treaty (IWT) in abeyance remains in force.
The Dispute Over Hydroelectric Design
The CoA is a five-member arbitral panel chaired by Prof. Sean D. Murphy, which was constituted in January 2023. The tribunal was established following a request from Pakistan, which challenged the designs of India’s Ratle and Kishenganga hydroelectric projects.
India has refused to participate in the proceedings. The Indian government argues that the technical questions at the center of the dispute fall under the remit of a Neutral Expert appointed by the World Bank, rather than an arbitral panel.
Previous Rulings and Recent Hearings
This is not the first point of contention with the CoA. In an August 2025 Award on Issues of General Interpretation, the CoA ruled largely in favor of Pakistan, narrowing the design latitude available to India and restricting how it calculates permissible pondage for run-of-river plants.
Most recently, the Court concluded a three-day hearing on April 28, 2026. This session addressed the status of the Treaty itself and a request from Pakistan for interim measures.
According to a press release from the Permanent Court of Arbitration (PCA), Pakistan was represented by Acting Co-Agent Syed Haider Shah and counsel including Prof. Philippa Webb KC and Sir Daniel Bethlehem KC. India did not appear and did not respond to the invitation to participate.
Security Context and Treaty Status
The broader suspension of the Indus Waters Treaty is tied to regional security. India placed the IWT in abeyance in April 2025 following a terror attack in Pahalgam, where 26 civilians were killed in Jammu and Kashmir.
While the CoA has issued this latest award, specific details remain unavailable. No official communication of the pondage award has been made public on the website of the Permanent Court of Arbitration, which serves as the secretariat to the CoA.
Potential Next Steps
Given the current deadlock, India may continue to disregard the CoA’s pronouncements as “null and void.” Pakistan could potentially seek further interim measures or international pressure to enforce the tribunal’s awards.
The status of the IWT could remain in abeyance until the security conditions surrounding the Pahalgam attack are addressed or a new diplomatic framework is established.
Frequently Asked Questions
Why did India reject the Court of Arbitration’s award? India does not recognize the tribunal as legitimately constituted and maintains that the proceedings and decisions of the CoA are null and void. Which specific projects are the subject of the dispute? The dispute involves the design of India’s Kishenganga and Ratle hydroelectric projects. Why is the Indus Waters Treaty currently in abeyance? India placed the treaty in abeyance in April 2025 following a terror attack in Pahalgam that resulted in the deaths of 26 civilians in Jammu and Kashmir.
Do you believe technical water disputes should be handled by legal tribunals or independent technical experts?
