Note on the Interim Measures in the Indus Waters Kishenganga Arbitration

Abstract

Abstract On 17 May 2010, Pakistan initiated arbitration proceedings against India before a Court of Arbitration with regard to a dispute arising from the use of the river Kishenganga. The dispute involves the legality of India’s Kishenganga Hydro-Electric Project (KHEP) on the river Kishenganga/Neelam under the 1960 Indus Waters Treaty. In the Indus Waters Kishenganga Arbitration, Pakistan requested that the Court issue an order for interim measures, and, on 23 September 2011, the Court laid down certain interim measures on the basis of Article IX and Paragraph 28 of Annexure G to the Indus Waters Treaty. The Order of the Court of Arbitration addresses certain issues that need further consideration with regard to conditions and functions of provisional measures in the settlement of international water disputes. Thus, this article will seek to examine the Order of 2011 as a case study of interim measures in the settlement of international water disputes.