Enhancement
Guest
(Querist) 01 January 2015
This query is : Resolved
An arbitration case is going on before the Arbitrator. The Claimants filed an application under section 9 of the Arbitration and Conciliation Act before the High Court, which has ordered that such application be filed before the Arbitrator, who will treat the same as application under section 17. The work of Arbitrator has increased considerably.
Can Arbitrator enhance his already fixed Fee?
If so, under which Section/Rule.
ajay sethi
(Expert) 01 January 2015
fees are fixed at the first meeting when directions are issued by arbitrator regarding fees to be paid by both the parties . arbitrator may increase his fees with consent of parties
Guest
(Querist) 01 January 2015
Thanks Sethi ji. My query is not 'with consent' but decision of the Arbitrator.
ajay sethi
(Expert) 01 January 2015
if dispute is referred to indian council of arbitration fees are fixed depending upon amount of dispute . fees can be increased by the committee in exceptional circumstances
ajay sethi
(Expert) 01 January 2015
read rule 31
The Administrative fee (of ICA) and Arbitrator’s fee (for each arbitrator) will be fixed separately with regard to the amount in dispute including determined interest in each case, as under:
(3) In addition to the above the ICA will be entitled to receive a Special Fee of Rs.2, 500/- per hearing for providing facilities of hearing rooms, for arbitration hearings and secretarial assistance etc. at the arbitration hearing.
(4) Notwithstanding the provisions in Sub-Rule (2) of this Rule, the Committee/Chairman of the Committee may prescribe the Arbitrator's fees and the Administrative fees of the Council at a figure higher than those prescribed in the said Sub- Rules, if in the exceptional circumstances of the case this appears to be necessary.
(5) Notwithstanding the provision in Sub-Rule (2) hereinabove, in arbitration cases to which Rule 39 applies, the Arbitrator's fee and the Administrative fee of the ICA will be fixed by computing the fee applicable to larger claim in addition to 60% of the applicable fees of all claims being tried jointly. Provided that the Committee will have the power to prescribe the Arbitrator's Fee and Administrative Fee under this Sub-Rule in any other manner, having regard to the nature and facts of the matters under reference.
Guest
(Querist) 01 January 2015
This is not the case, Sir,
My query is
An arbitration case is going on before the Arbitrator. The Claimants filed an application under section 9 of the Arbitration and Conciliation Act before the High Court, which has ordered that such application be filed before the Arbitrator, who will treat the same as application under section 17. The work of Arbitrator has increased considerably.
Can Arbitrator enhance his already fixed Fee?
If so, under which Section/Rule.
Devajyoti Barman
(Expert) 01 January 2015
The arbitrator can not suo motu increase his fees.
Rajendra K Goyal
(Expert) 02 January 2015
Agree with the expert Devajyoti Barman.
T. Kalaiselvan, Advocate
(Expert) 03 January 2015
It depends on the matter referred before the Arbitrator and the agreed terms in that respect.
Guest
(Querist) 04 January 2015
Can Arbitrator withdraw if his work has increased considerably because of referring the case by the High Court and also different applications being filed by the parties in that connection for which a lot of extra hearings on the part of the Arbitrator are being held but without any increase in fee.
Guest
(Expert) 04 January 2015
Mr. Sandeep Kumar mostly posts academic queries. That is why he later comes forward with supplementary and hypothetical queries also on presumption basis without the event having actually happened.
At first he posted a question, "can Arbitrator enhance his already fixed Fee," now came forward with entirely new question, whether arbitrator can withdraw, which is totally different and unrelated to the previous question.
Mr. Sandeep, with reference to your present query, "Can Arbitrator withdraw if his work has increased considerably because of referring the case by the High Court and also different applications being filed by the parties in that connection for which a lot of extra hearings on the part of the Arbitrator are being held but without any increase in fee," let the arbitrator withdraw from the case first and then come forward with your query along with the status of the case at the time of his withdrawal.
Guest
(Querist) 04 January 2015
What is academic and how is it unrelated query to the earlier one? If Arbitrator's fee is not in commensurate with the work, which has been increased considerably due to responsibility cast upon him by the Hon. High Court, he wishes to withdraw, hence the query.
Guest
(Expert) 04 January 2015
Let him withdraw, what to you? Arey you the arbitrator or the HC judge who assigned the case to the arbitrator?
You alwways try to argue unduly when you have no concern with the problem. When you don't have the capability to undrstand what is academic and what is hypothetical, why you tease your brain on that issue?
Devajyoti Barman
(Expert) 04 January 2015
If that is so then no more reply to the author.
Guest
(Querist) 04 January 2015
Dhingra Ji, I cannot dare to argue with respected experts. You are, however, requested kindly not to waste your precious time and energy on my queries, which are ACADEMIC FOR YOU but which indeed are PROBLEMS ACTUALLY faced by the people and are too ticklish to have clear-cut solutions.
Further, Experts are requested not to discourage genuine queries.
