Sparring between India and Pakistan over the 330 MW Kishanganga hydro-electric project in Jammu and Kashmir continues with Pakistan playing hardball over the constitution of a seven-member bench of International Court of Arbitration.
In an indication of it,Pakistan has sidelined Indias invitation to sit across the table in Delhi to finalise the names of three neutral umpires for the arbitration bench. Last Friday,it in turn asked India to first suggest the three names for the neutral umpires,evading direct response to Indias invitation for a meeting this week.
Last month,India had invited Pakistan for a meeting in Delhi to finalise the names of three neutral umpires for the bench,which include two arbitrators each already nominated by the two countries.
India,to its displeasure now,finds Pakistans request for three names for neutral umpires unreasonable as the Indus Water Treaty of 1960 clearly specifies that the Chairman of the Court of Arbitration should be finalised first among the three neutral umpires. Paragraph 8 of Annexure G,which deals with the constitution of the court of arbitration under the treaty,clearly specifies,In selecting the umpires pursuant to Paragraph 7,the Chairman shall be selected first,unless the parties otherwise agree.
Though India is still preparing its response to Pakistans demand for India to come forward with the suggestions for all three neutral umpires,sources said India was likely to remind Pakistan about the provision of selection of the Chairman for the court of arbitration bench as the first priority as against its demand for all three neutral umpires at one go.
However,given the hardball being played by Pakistan,it appears that both countries are headed for a drawing of lots for the selection of all the remaining three neutral umpires for the arbitration bench.
According to the provisions of the Treaty,the arbitration process began since Pakistan nominated its two arbitrators on May 17. The provisions require that both sides should complete the constitution of the seven-member arbitration bench within 60 days of the start of arbitration process. India nominated its two arbitrators on June 15. Both sides now have time till July 15 to finalise the three neutral umpires.
If disagreements over umpires persist beyond July 15,the selection of the umpires will have to rely on a draw of lots.



