ISLAMABAD, Feb 7: Pakistan is likely to finalize a strategy by the end of this month whether to seek the appointment of a neutral expert or approach the court of arbitration for resolution of the dispute over the construction of Baglihar hydroelectric project by India on Chenab.
Water and Power Secretary Riaz Ahmad Khan told Dawn on Friday that the Feb 4-6 meeting of the Permanent Indus Commission had failed to resolve the dispute. He said the government would examine various aspects of the dispute in the light of the proposed report to be submitted by Pakistan Commissioner for Indus Waters Syed Jamaat Ali Shah.
He said that ministries of foreign affairs, law and justice, and water and power would examine different options and then decide together what step should be taken as neutral expert was not the only option available in the treaty. He said that the setting up of a court of arbitration was another option.
Asked whether a neutral expert existed, he replied in negative and said it had to be decided.
Another source said that if Pakistan decided to go for neutral expert, it would notify India that it was seeking the appointment of a neutral expert. The notification would state the points of difference which have already been recorded in the minutes of the meeting of the Permanent Indus Commission. Within two weeks of the notification the two commissioners would endeavour to prepare a joint statement of the points of difference.
After two weeks, the PCIW would request the two governments or the World Bank to appoint a neutral expert. The neutral expert shall be a highly qualified engineer and would be paid retainer and other remuneration by the two sides. The neutral expert would hear the two sides and then give a decision which would be binding.
The second option, said the source, was the setting up of a court of arbitration upon agreement between the two parties to do so or at the request of either party if that party feels that the dispute is unlikely to be resolved by negotiations or mediation, or if it feels after one month that the other party is delaying the negotiations.
The court of arbitration would consist of seven arbitrators. Two arbitrators would be appointed by each party at the time the request is made. Three arbitrators would be appointed from a panel of engineers or lawyers of the high repute and status.
The chairman would be either the secretary-general of the United Nations or the president of the International Bank for Reconstruction and Development.
The engineer would be either the president of Massachusetts Institute of Technology, Cambridge, USA, or the Rector of the Imperial College of Science and Technology, London.
The legal member would be either the chief justice of the United States or the Lord Chief Justice of England.