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DELHI HIGH COURT
C.HARI SHANKAR
NTPC Limited – Appellant
Versus
Afcons R.N. Shetty and Co. Pvt. Ltd. JV – Respondent
| Table of Content |
|---|
| 1. context of the arbitration dispute. (Para 1 , 2) |
| 2. fees structure under arbitration and conciliation act. (Para 3 , 4) |
| 3. agreement on fee structure affirmed. (Para 5) |
| 4. fee determination based on claims and counterclaims. (Para 6 , 11) |
| 5. contentions regarding fee consolidation. (Para 9 , 18) |
| 6. judicial interpretation of fees and laws. (Para 17 , 38) |
| 7. court's conclusion on fee structure legitimacy. (Para 56 , 57) |
| 8. final dismissal of the petition. (Para 58) |
(Video-Conferencing)
1. The petitioner and respondent are, unfortunately, in knots on the fees payable to the learned Arbitral Tribunal, in seisin of the dispute between them, and it has fallen to the sorry lot of this Court to untangle those knots.
2. The issue being restricted to the fees payable to the learned Arbitral Tribunal, no detailed allusion to the facts relating to the dispute between the parties is necessary. Suffice it to state that the arbitration agreement between the parties contemplates resolution of the disputes between them by a three-member arbitral tribunal and that, having appointed one learned arbitrator each, and the two learned arbitrators not being able to arrive a
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