Fees

Guest (Querist) 27 April 2014 This query is : Resolved
If one of the parties does not pay its part of fee to the Arbitrator in spite of several directions of the Arbitrator, what are the options before the Arbitrator to recover that fee?

Follow Query

Report Abuse

ajay sethi (Expert) 27 April 2014
if parties dont pay fees arbitrator wont proceed with the case . fees are to be paid in advance .

Guest (Querist) 27 April 2014
Sir, my query is One of the Parties is not paying. Other party has paid.

Devajyoti Barman (Expert) 27 April 2014
Then he can proceed ex parte against him.

Guest (Querist) 27 April 2014
Is proceeding ex-party for non-payment of fees is permissible?

krishna mohan (Expert) 29 April 2014
Normally the arbitration process need not start until the fees are paid. It appears the arbitration process is over and the award is kept on hold because fees are not paid. You can delay the award until the fee is paid by the defaulting party. You can not however pass the award ex-parte for non payment of fees.

Guest (Querist) 30 April 2014
In fact the party which appointed has paid its share of the fees to the arbitrator. Respondents are not complying with directions of the Arbitrator to pay their portion of fee. The proceedings are going on.

krishna mohan (Expert) 30 April 2014
Is yourself an arbitrator, claimant or academic query? If arbitrator you may know the rule provision. If claimant, you can take the help of lawyer to protect your interest as arbitrator can delay process until other party pays due fees.

Guest (Querist) 05 May 2014
Mohan Ji, I have requested for legal position in the matter from lawyers on this forum.

prabhakar singh (Expert) 05 May 2014
You may resort to rules 28 to 31 of the Indian Council of Arbitration for your guidance.
http://www.icaindia.co.in/slice/page1.jpg

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries