NEW DELHI: India and Pakistan are possibly headed for another showdown on water after New Delhi said on Thursday it wouldn’t be party to a court of arbitration process on Kishenganga and Ratle hydroelectric projects, a demand by Islamabad that has been accepted by the World Bank.

The World Bank had brokered the Indus Waters Treaty (IWT) in 1960 and has a specific role in the resolution of differences. Kishanganga is a tributary of river Jhelum and the 330 MW project is coming up in Bandipora in J&K. The 850 MW Ratle project is on the Chenab in Doda district.

In a communication to the World Bank on Thursday, India said the stand taken by it to start two parallel process simultaneously—initiating the court of arbitration (COA) process as demanded by Pakistan and setting up neutral expert as demanded by India—was not “legally tenable” under IWT. “Our stand is very clear. We have asked World Bank to stop the process. What happens if the COA and neutral expert give contradictory judgment? Under the IWT, the judgment of the neutral expert can’t be revoked by the COA,” said a senior government official.

However, not heeding to India’s request, World Bank on Friday held a draw of lots in its headquarters in Washington to determine who will appoint three umpires to sit on the COA. The COA has seven members, two arbitrators each to be appointed by India and Pakistan, and three ‘umpires’ nominated by certain global dignitaries. If parties can’t agree on who will nominate the ‘umpires’, a draw of lots decides which three of the global dignitaries will nominate one ‘umpire’ each.

But the World Bank asked both countries to “agree to mediation” to resolve issues regarding the two projects. “What is clear, though, is that pursuing two concurrent processes under the treaty could make it unworkable over time and we therefore urge both parties to agree to mediation that the World Bank Group can help arrange. The two countries can also agree to suspend the two processes during the mediation process or at any time until the processes are concluded,” senior vice-president and World Bank group general counsel, Anne-Marie Leroy, told PTI.

On Thursday, external affairs ministry spokesperson Vikas Swarup said the government will examine options. India’s grouse is that the World Bank hasn’t followed the procedures in the treaty. India says Pakistan’s objections are technical and the bilateral Permanent Indus Commission (PIC) can address them. If PIC can’t resolve the matter, it is termed ‘difference’ and is addressed by neutral experts appointed on request by either party to World Bank.