Kishanganga arbitration to start mid-Jan

Incidentally,this is the first case referred to international arbitration under the provisions of the Indus Water Treaty,1960. Earlier,India and Pakistan had sought the services of a neutral expert appointed by the World Bank to resolve their differences over the 450 MW Baglihar dam under construction on the Chenab river.

The Bench comprising Justice Stephen M Schwebel head,Justice Sir Franklin Beman,Prof Howard S Wheater,Justice Bruno Simma,Jan Paulsson,Justice Peter Tomka and Lucius Caflisch has three neutral umpires,including the head of the Bench,and four arbitrators nominated by India and Pakistan.

While both sides had nominated two arbitrators each during the summer itself,they failed to arrive at a consensus over the nomination of three neutral umpires which,according to the provisions of the Indus Water Treaty,should be the head of the Bench a legal expert,a technical expert and one more legal expert.

Subsequently,both countries requested UN Secretary General Ban Ki-Moon to nominate the head of the Bench. After a lottery,both sides separately requested the Rector of the Imperial College of Science and Technology,London,to nominate a technical expert along with sending a separate request to the Lord Chief Justice of England to nominate the other legal expert.

Noted lawyer and expert on international law Shankar Das and legal luminary Fali S Nariman,both of whom had argued Indias case in the Baglihar dam issue,are likely to represent India,supported by a clutch of foreign counsel.