Indus Waters Treaty Neutral Expert Proceedings - India v Pakistan - PCA Case No 2023-14 - Supplemental Rules of Procedure - 1 June 2023
Country
Year
2023
Summary
IN THE NEUTRAL EXPERT PROCEEDINGS
UNDER THE INDUS WATERS TREATY 1960
IN RESPECT OF THE RATLE AND KISHENGANGA HYDROELECTRIC PLANTS
WHEREAS on 19 September 1960, the Governments of the Republic of India and the Islamic Republic of Pakistan (collectively, the "Parties"), together with the International Bank for Reconstruction and Development (the "Bank"), concluded the Indus Waters Treaty (the "Treaty");
WHEREAS on 13 October 2022, the Bank, pursuant to Article IX and Annexure F of the Treaty and after consultation with each of the Parties, appointed Mr. Michel Lino as the neutral expert in the present proceedings (the "Neutral Expert");
WHEREAS, pursuant to Paragraph 4 of Annexure F to the Treaty, the Terms of Retainer of the Neutral Expert were fixed on 2 May 2023 upon the signature thereof by the Neutral Expert on that date after their signature by the representatives of each Party (the "Terms of Retainer");
WHEREAS, pursuant to Paragraph 6 of Annexure F to the Treaty, "the procedure with respect to each reference to a Neutral Expert shall be determined by him, provided that (a) he shall afford to each Party an adequate hearing; (b) in making his decision, he shall be governed by the provisions of this Treaty and by the compromis, if any, presented to him by the [Permanent Indus] Commission; and (c) without prejudice to the provisions of Paragraph 3, unless both Parties so request, he shall not deal with any issue of financial compensation";
WHEREAS the Neutral Expert has consulted the Parties regarding the procedural rules and the work programme to be adopted in these Neutral Expert proceedings, and has received their views orally at the First Meeting held from 27-28 February 2023 and in writing;
NOW THEREFORE the Neutral Expert hereby issues the following Supplemental Rules of Procedure (the "Rules"), pursuant to Paragraph 6 of Annexure F of the Treaty.
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