No Indo-Pak consensus on Kishenganga dispute

Last Updated: Friday, July 16, 2010 - 21:44

New Delhi: India and Pakistan today failed
to reach consensus on the names of three neutral umpires for
the International Court of Arbitration which will decide on
resolution of dispute over Kishenganga power project to be
constructed in Jammu and Kashmir.

The two countries had exchanged names of the neutral
umpires in Islamabad on Tuesday. But they failed to reach a
consensus as the deadline for deciding on the names ended
today.

The two countries had suggested two names each for the
post of chairman and two names each for the other umpires.

With their disagreement, the umpires will now be decided
by organisations like the UN and World Bank.

As per the provisions of the 1960 Indus Water Treaty,
once the process of arbitration is initiated by any of the two
countries, the three umpires, including the chairman, have to
be appointed within 60 days.

If the two countries fail to appoint umpires, the two
parties prepare a draw of lots and request a "person"
mentioned in the Treaty to select the umpire.

While the Chairman can be selected by either the
Secretary General of the United Nations or President of the
World Bank, the engineer member umpire can be selected from a
draw of lots by President of Massachusetts Institute of
Technology or Rector, Imperial College of Science and
Technology, London.

The Legal member umpire can be selected from a draw of
lots by either the Chief Justice of the United States or Lord
Chief Justice of England, as per the provisions of the Treaty.

The two countries have already nominated two legal
experts (arbitrators) each to contest their case over the
power project being built in Jammu and Kashmir.

Accusing India of breaching the provisions of the 1960
Indus Water Treaty by diverting the water of the Jhelum
tributary for its Kishenganga hydel power project, Pakistan
sought international arbitration in May this year after the
two countries failed to resolve the issue bilaterally for over
two decades.

Under the provisions of the treaty, the two countries
will have to appoint three umpires, including a Chairman,
before the court of arbitration is set up to decide on the
issue.

-PTI



First Published: Friday, July 16, 2010 - 21:44

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