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DELHI HIGH COURT
NAVIN CHAWLA
Power Grid Corporation of India Limited – Appellant
Versus
Deepak Cables (India) Limited (In Liq) – Respondent
JUDGMENT
Navin Chawla, J. (Oral)--This petition has been filed by the petitioner under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act') praying for termination of the mandate of the learned Sole Arbitrator in Arbitration Case No. 13/2018; between Deepak Cables (India) Limited (in liquidation) and Power Grid Corporation of India Limited. The petitioner is aggrieved of what it calls a unilateral revision of the arbitral fee by the learned Sole Arbitrator by way of his orders dated 05.08.2021 and 10.11.2021.
2. It is the case of the petitioner that disputes had arisen between the parties in respect of five different contracts. They were pending adjudication before five three-member Arbitral Tribunals. The parties agreed that instead of five three-member Arbitral Tribunals, these disputes be referred to a Sole Arbitrator, albeit in five different arbitration matters. The same were, therefore, referred to the learned Sole Arbitrator in question. By an order dated 20.01.2018, the learned Sole Arbitrator accepted the nomination, and with the consent of the parties, inter alia, fixed the consolidated arbitration fee as Rs.52,50,000/- (Rupees
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.
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 court emphasized the need to adhere to the Fourth Schedule of the Arbitration Act in determining arbitrator's fees and highlighted the importance of avoiding delay in arbitration proceedings to p....
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, ....
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