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PCA Rules Against India’s ‘Abeyance’ of IWT

The Permanent Court of Arbitration (PCA) has issued an award in favor of Pakistan, ruling India’s declaration to hold the Indus Waters Treaty in “abeyance” does not limit the court’s jurisdiction in the dispute.

“Pakistan remains committed to full implementation of the Indus Waters Treaty (IWT) ,” the Foreign Office stated, adding it expects India to “immediately resume the normal functioning of the treaty, and faithfully implement the award announced by the Court of Arbitration”.

The ruling reinforces the court’s earlier decision from July 6, 2023, which had already rejected India’s objections and affirmed the court’s authority to hear the dispute. The unanimous and binding decision, a Supplemental Award on Competence, was rendered on June 27, 20251, stated in a press release.

The Permanent Court of Arbitration, established by treaty in 1899, is an intergovernmental organization providing a variety of dispute resolution services to the international community.

Pakistan initiated the arbitration under the Indus Waters Treaty to address India’s construction of certain hydro-electric projects on the tributaries of the Indus, Jhelum, and Chenab rivers. In response, India had announced on April 23 and 24, 2025, that the treaty “will be held in abeyance with immediate effect”.

The Court of Arbitration found that a party’s unilateral decision cannot affect its competence after arbitral proceedings have begun. The court’s jurisdiction, once established, cannot be defeated by such an action, and it has a continuing responsibility to advance the proceedings in a timely and fair manner.

The ruling also applies to the competence of a Neutral Expert appointed in separate proceedings between India and Pakistan under the same treaty. The decision is final and without appeal. This award holds special significance following India’s recent actions and is seen as an endorsement of Pakistan’s historical position.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,
Khudayar Mohla

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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