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AMIT BANSAL
Jivanlal Joitaram Patel – Appellant
Versus
National Highways – Respondent
JUDGMENT
CM No.14819/2021
1. This appeal was disposed of by a judgment dated 23rd January, 2018 passed by the Division Bench - with the consent of the parties. It was agreed that claims No.1 and 2 of the respondent, and counterclaims No.2, 5, 7-10 and 15 of the appellant be adjudicated afresh, and that a sole Arbitrator may be appointed instead of a three-member Arbitral Tribunal, in order to save time and costs. The relevant extracts from the aforesaid judgment are set out below:
"10. Parties agree that they would rely upon pleadings urged earlier and some additional plea which may be necessary on account of change in circumstances and legal objections may be required to be taken. Accordingly, the present appeal is dismissed.
11. Justice Manmohan Sarin, Former Chief Justice of the J&K High Court, Mobile No. 9818000210 is appointed as the Sole Arbitrator, who would decide the claims and counter claims arising out of the Agreement dated 17.11.2004 between the parties. He shall fix his fee us per the 4th Schedule of the Act of 1996. The legal objections of both parties are kept open.
12. Accordingly the present appeal is disposed of." (Emphasis Supplied)
2. Pursuant to the above judgment,
The arbitration fees can be separately fixed for claims and counter-claims as per the provisions of the Arbitration and Conciliation Act, 1996, which is consistent with the statutory intent.
Section 2 (d) of the Act the Arbitral Tribunal is defined either as a sole arbitrator or a Panel of arbitrators and the language used in Sub Section (14) of Section 11 is for "determination of Fees o....
Arbitration fees under ICA Rules must be calculated separately for claims and counter-claims, as clarified by the court's interpretation of the rules, reaffirming the Arbitral Tribunal's authority.
The main legal point established in the judgment is the importance of party autonomy in determining arbitral fees, as well as the interpretation and application of the 2020 Circular in the context of....
The principle of party autonomy is crucial in arbitration proceedings, and the Arbitral Tribunal cannot impose its will and wishes without reason or cause.
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