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NAVIN CHAWLA
Jagmeet Singh Bhatia – Appellant
Versus
Anay Kumar Gupta – Respondent
JUDGMENT :
NAVIN CHAWLA, J.
I.A. 7559-60/2023 (exemption)
1. Allowed, subject to all just exceptions.
O.M.P.(MISC.)(COMM.) 118/2023
2. This petition has been filed under Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) praying for the following reliefs:
c. Transfer the arbitral fees paid by the parties before the Arbitral Tribunal in the name of newly appointed Arbitrator;
d. Counter claim filed by the Petitioner may be allowed to be admitted.”
3. The learned Arbitrator was appointed, on an application filed by the petitioner herein under Section 8 of the Act, vide order dated 20.09.2021. passed by this Court in CS (COMM) No. 409/2021, titled Anay Kumar Gupta v. Jagmeet Singh Bhatia. As far as the fee of the learned Arbitrator was concerned, this Court directed vide the same order that the learned Arbitrator may fix his own fees.
4. The learned Arbitrator entered upon the reference on 23.09.2021.. Vide an order dated 25.09.2021., the learned Arbitrator directe
Arbitral fees must adhere to mutual consent; however, they may be revised in extraordinary circumstances as dictated by the Fourth Schedule of the Arbitration and Conciliation Act.
Once the fee has been fixed with the consent of the parties, they are bound to pay the same. Issues relating to the conduct of the arbitration and/or arbitral fees are not relevant for the purpose of....
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....
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....
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