The issue involved is the cost of arbitration. The sole purpose of ADR is to make it as most economic.
I agree with the Supreme Court decision on the heavy fees on arbitration cases. The retired judges are getting pensions out of the tax payers money. This is the fact. There is no point charging heavy fees.
The Solution is right here..DELHI HIGH COURT ARBITRATION CENTRE (DAC) which is located in the high court premises, on the second floor of the medical health building..Which is cost effective and Before the first sitting of the arbitral tribunal all the pleadings and documentation is completed. There is a panel of arbitrators from which parties can choose. The heart of the centre is the core committee consisting of lawyers who manage and monitor the proceedings. Infrastrutural aspect: The centre has FIVE proceeding rooms with projector screens. And there is also a provision for summary proceedings. For further details contact: 011-23386493,
Retired judges are having a banquet for their livelihood through an assignment adhered to the legal profession.Although the apex court could indulge, it would be better if a check is prescribed on the sole discretion on the arbitration fee but court must not strive to put a complete restraint on the arbitrators who are working in accordance with the provisions of the acts.
A decision of apex court is most welcome
A WELCOME DECISION BY THE APPEX COURT
I think there is nothing wrong if an Arbitrator charges high fees as long as the parties to the Arbitration were aware of it beforehand. How much time they are able to devote is more important.
Thanks at long last the Apex court could get scent of what is happening with arbitrators and their functioning. If a survey and audit of arbitration fee etc. is conducted it will throw up light on mountains of mismanagement. Why all along the superior courts have left this matter open to arbitrators to decide his fee and fleece the parties. Another game that is in vogue judges in chair nominate their friends as arbitrators for a variety of consideration and entire activity is beset with nepotism and favourtism. It is high time court should not have a discretion to name the arbitrator and fix his fee. There should be panel of arbitrators from whom the parties can choose their arbitrators and even tell the court what they can afford to pay.
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