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Kishanganga power project heads for arbitration
6/17/2010 1:31:02 AM

 
ABID SHAH
NEW DELHI, June 16: After Pakistan’s move to initiated arbitration proceedings on Kishanganga hydro-electric project in Jammu and Kashmir by appointing two arbitrators, India has today conveyed to Pakistan the names of its two arbitrators for a seven-member court of arbitration to be set up under the Indus Water Treaty 1960.
 
Disclosing this, the spokesman of External Affairs Ministry Vishnu Prakash said here today that on May 18 Pakistan instituted arbitration proceedings on the Kishenganga hydel project as per the terms of paragraph 2 (b) and paragraph 6 of Annexure G to the Indus Waters Treaty; and appointed Bruno Simma, Judge of the International Court of Justice and Jan Paulsson, an international legal consultant as its arbitrators. 

And so as per the provisions of the treaty, India conveyed to Pakistan today, the names of its two arbitrators. They are Peter Tomka, Vice President of the International Court of Justice and Professor Lucius Caflisch, a reputed international legal expert and Member of the International Law Commission.

The Ministry spokesman said that India has also invited Pakistan for consultations regarding the appointment of three umpires, including a Chairman of the Court of Arbitration by mutual agreement.
 
The spokesman made these remarks in response to a question during a media briefing called by the Ministry of External Affairs here today to share a preview of the forthcoming Seoul visit of External Affairs Minister SM Krishna.

Earlier, Pakistan had raised objections about the Kishanganga Project planned to be undertaken in Baramulla district of Kashmir on a tributary of river Jhelum, saying that this violated terms set in the World Bank brokered Indus Water Treaty between the two countries. Under the treaty India has right to the waters of Ravi, Sutlej, and Bias while Pakistan has rights to waters of Indus, Jhelum and Chenab.
 
The Kishanganga project involves construction of 37 metre high concrete faced rock filled dam and an underground powerhouse with a capacity of 330 MW at its completion. The project would divert water from one tributary of Jhelum to another which as per India is permissible in the treaty while Pakistan claims it is not and can affect its plans to make a powerhouse on Jhelum. And, thus, the two countries have not been able to sort out their differences over this despite several rounds of talks between their officials and experts.
 
The issue may again crop up for discussions when Union Home Minister P Chidambaram visits Pakistan later this month to attend a conference of interior ministers of SAARC countries.
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