SANJEEV SACHDEVA, J.

ARB.A. 1/2017, I.A. Nos.8086/2017 (stay) & 9441/2017 (for waiver of cost)

1. The appellant by the present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) impugns order of the Arbitral Tribunal dated 27.02.2017 fixing the fee schedule. A direction is sought to the arbitral tribunal to conduct the arbitral proceedings as per the fees stipulated by the policy circular dated 27.05.2016 of National Highways Authority of India (‘NHAI’) read with clause vii of the supplementary agreement dated 22.12.2016 agreed to by the Respondent.

2. It is contended that the said fee schedule is at variance with the policy circular of NHAI dated 24.05.2016.

3. It is further contended that the said fee structure was specifically agreed to by the respondent by entering into supplementary agreement dated 22.12.2016. It is further submitted that the said fee structure was even communicated to the petitioner's nominee Arbitrator who had specifically consented to the same.

4. It is contended by the learned senior counsel for the appellant that fee fixed by the Arbitral Tribunal, is at a variance with the said policy circular