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DELHI HIGH COURT
V.KAMESWAR RAO
National Highway Authority of India – Appellant
Versus
Tantia Raxaul Tollways Private Limited – Respondent
JUDGMENT
V. Kameswar Rao, J. (ORAL)
I.A. 13050/2022 (filed by the petitioner seeking permission to place additional documents on record)
For the reasons stated in the application, the same is allowed and the documents A, B and C filed along with the application are taken on record. Application is disposed of.
O.M.P. (T) (COMM.) 45/2022
1. This petition has been filed by the petitioner National Highways Authority of India ("NHAI", for short) under Section 14 and 15 (2) of the Arbitration and Conciliation Act, 1996 ("the Act" hereinafter) seeking, inter-alia, termination of the mandate of the Arbitral Tribunal ("Tribunal" hereinafter) and appointment of a substitute Tribunal.
2. According to the petitioner, the Tribunal is de jure and de facto unable to perform its functions, as the fee being charged by the Tribunal is in complete disregard of the agreement between the parties which provides for Arbitration as per the Rules of Arbitration of the International Centre for Alternative Dispute Resolution, New Delhi ("ICADR Rules", for short). The respondent is a special purpose vehicle incorporated to carry out rehabilitation and upgradation of the Piprakothi-Motihari-Raxaul Section
Arbitration fees must adhere strictly to the terms of the Arbitration Agreement, and unilateral alterations by the Tribunal are impermissible.
The arbitral Tribunal was entitled to fix its fee as its appointment was made by way of an ad hoc agreement between the parties.
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 main legal point established is the requirement to substantiate grounds for termination of the Arbitral Tribunal's mandate under Section 14 of the Arbitration & Conciliation (Amended) Act, 2015, ....
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....
Arbitrators cannot unilaterally enhance fees without party consent, reaffirming the principle of party autonomy in arbitration agreements.
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