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Rediff.com  » News » No Indo-Pak consensus on umpires on Kishenganga dispute

No Indo-Pak consensus on umpires on Kishenganga dispute

Source: PTI
July 16, 2010 21:25 IST
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India and Pakistan 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, on Friday.

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 on Friday.

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.
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