Fees

Guest (Querist) 19 November 2014 This query is : Resolved
Two companies A and B in an agreement agreed that A will appoint Arbitrator in case of dispute, which arose and A appointed Arbitrator. Arbitration is going on but B has expressed inability to pay fee to Arbitrator.

1. Can Arbitrator leave Arbitration on this ground.

2. Can Arbitrator force B to pay fee as it was agreed by it that A will apoint Arbitrator in case of dispute and not to pay fee of Arbitrator is violation of that Agreement.

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Devajyoti Barman (Expert) 19 November 2014
pure academic query. This is not classroom.

Rajendra K Goyal (Expert) 19 November 2014
No reply to academic query.

ajay sethi (Expert) 19 November 2014
academic query

Guest (Querist) 19 November 2014
Thanks experts.

There is nothing academic about this? Solution to a Practical Problem was sought.

Now this query will be raised at Forum.

Sailesh Kumar Shah (Expert) 19 November 2014
1. YES

2. YES

Guest (Querist) 19 November 2014
Thanks Shailash Ji. Which of the two options will be better.

Guest (Querist) 21 November 2014
I am grateful to Respective advocate Bhartesh Goyal, who has opined as follows to the queries on the Forum

[1] Arbitrator can not leave the case on ground of non payment of fees by B
[2] Arbitrator can not force to B to make payment of fees.
In such a situation Arbitrator will charge entire amount of fees from A and will pass an order in Award to recover the same from B.

The relies of Shailash Ji and Bhartesh Ji
are different.

Sailesh Kumar Shah (Expert) 22 November 2014
Dear Mr. Sandeep Kumar,
My replies based on :-

Section 39(1) provides that arbitrator shall have a lien on the arbitral award for unpaid costs of the arbitration, however on order of the court, arbitrator have to deliver award.

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