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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Section 9 Court Fees - When a party files an application under Section 9 of the Arbitration and Conciliation Act, the applicable court fees are governed by the Court Fees Act, particularly Section 7(2)(ii) of the Maharashtra Court Fees Act or similar provisions depending on the jurisdiction. The fees are usually based on the valuation of the subject matter or the claim amount ["2025 0 Supreme(Bom) 1124"].
Determination of Fees - The court fees payable in arbitration-related applications are generally calculated based on the value of the claim or the arbitration proceedings' subject matter. If the arbitration involves a monetary claim, the fees are paid accordingly, often as a percentage of the claim amount or as prescribed by the relevant Court Fees Act ["2025 0 Supreme(Bom) 1124"].
Application of Schedule IV - When arbitration proceedings involve disputes concerning fees or costs, the fees are to be determined as per Schedule IV of the Arbitration Act, unless the parties have agreed otherwise or the court rules specify different procedures. The courts have emphasized that fees paid in the tribunal are not necessarily paid again in appeal or subsequent proceedings, but the valuation for court fees remains crucial ["2023 0 Supreme(Del) 789"].
Fees in Court-Appointed Arbitrations - In cases where arbitrators are appointed by courts, the fees are often set following the schedule prescribed under the Arbitration Act, but many High Courts have not framed specific rules, leading to arbitrary fee impositions. The Fourth Schedule of the Arbitration Act is not mandatory unless specific rules are framed by the High Court ["2023 0 Supreme(Del) 789"].
Challenging Arbitrator’s Fees - Under Section 16 and Section 29A, challenges related to arbitrator’s fees are limited. The courts have held that disputes over arbitrator fees are to be resolved within the arbitration process or by the court considering the valuation or fees as per the applicable schedule, not as a separate issue of jurisdiction ["2023 0 Supreme(Del) 789"], ["2025 0 Supreme(Bom) 860"].
Additional Fees and Reimbursements - In some cases, parties have paid fees in accordance with arbitration agreements or schedules, but disputes arise over additional charges or unilateral fee impositions. Such issues are typically resolved by the courts based on the valuation and applicable fee rules ["2025 0 Supreme(Ker) 2611"].
The number of court fees payable in applications under Section 9 of the Arbitration Act depends primarily on the valuation of the dispute or the claim amount, and the relevant provisions of the Court Fees Act applicable in the jurisdiction. Generally, fees are calculated either as a percentage of the claim or based on Schedule IV of the Arbitration Act, if applicable. The courts have clarified that fees paid in arbitration proceedings are not automatically applicable to subsequent court proceedings unless explicitly specified, and disputes over fees are often resolved by referencing the valuation or the schedule prescribed. Due to the lack of uniform rules across High Courts, there can be variations, and parties should refer to the specific rules and schedules applicable in their jurisdiction.
References:- ["2025 0 Supreme(Bom) 1124"]- ["2023 0 Supreme(Del) 789"]- ["2025 0 Supreme(Ker) 2611"]- ["2025 0 Supreme(Bom) 860"]- ["2024 0 Supreme(Bom) 42"]- ["2023 0 Supreme(Del) 4877"]- ["2024 0 Supreme(Mad) 2162"]- ["2023 0 Supreme(Mad) 1030"]
Navigating the legal landscape of arbitration in India can be complex, especially when it comes to procedural requirements like court fees. One common query among litigants, businesses, and legal professionals is: How Many Court Fees should be Paid in Application of Sec 9 Arbitration Act? , empowers courts to grant before, during, or after arbitral proceedings but before enforcement of the award. However, the financial aspect—specifically court fees—often creates uncertainty.
This blog post breaks down the applicable court fees, drawing from statutory provisions, judicial interpretations, and related case law. While the Arbitration Act does not explicitly prescribe fees, courts have consistently leaned towards nominal charges to promote efficient dispute resolution. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your case.
Section 9 allows parties to seek urgent interim relief, such as preservation of assets, securing amounts in dispute, or interim injunctions, to ensure arbitration proceedings are not rendered . These applications are filed in the of or , depending on the case value and location.
The key challenge arises because the (as amended by state acts) does not have a dedicated provision for Arbitration Act applications. Courts thus apply general provisions from Schedule II, emphasizing minimal financial barriers to access justice. 2002 0 Supreme(Ker) 489
Court fees for Section 9 applications are not (based on claim value) but nominal. This stems from the legislative intent to facilitate quick interim relief without heavy burdens, aligning with arbitration's goal of speedy resolution. 1982 0 Supreme(SC) 139
Judicial consensus holds that Rs. 10 is sufficient for Section 9 petitions, as the Arbitration Act is not listed under Article 4. In the case of applications under Section 9, it has been held that a nominal court fee of Rs. 10 is sufficient, as the Arbitration and Conciliation Act has not been incorporated under of the Court Fees Act. 2002 0 Supreme(Ker) 489
Imposing fees based on claim value would defeat Section 9's purpose. Courts have ruled against it unless explicitly mandated, prioritizing access to interim measures. 2022 0 Supreme(Ker) 919 1982 0 Supreme(Del) 342
Indian courts have reinforced the nominal fee regime through precedents:- Minimal Burden for Interim Relief: Applications under Section 9 do not require fees. Courts have consistently ruled that applications under Section 9 do not require court fees unless explicitly stated. The general fee structure allows for a nominal fee, reflecting the legislative intent to facilitate access to interim relief without imposing heavy financial burdens. 2022 0 Supreme(Ker) 919 1982 0 Supreme(Del) 342- Quick Resolution Focus: The courts have emphasized that the intention behind the Arbitration Act is to provide a mechanism for quick and efficient resolution of disputes, which includes allowing for interim measures without excessive fees. 1982 0 Supreme(SC) 139- No Merit Determination: While granting relief, courts avoid delving into merits, focusing on prima facie cases to prevent proceedings from becoming . 2010 0 Supreme(Guj) 24
In cases referred to arbitration under , plaintiffs may claim refunds, highlighting fee leniency in arbitration contexts. The court affirmed the right to court fee refunds upon , emphasizing that such a referral entitles plaintiffs to refunds irrespective of arbitration outcomes. 2025 0 Supreme(Kar) 1329 This underscores policy favoring cost recovery in ADR.
Section 9 applications differ from (arbitrator appointment). Arbitration application under and petition filed under , seek distinct reliefs. 2023 0 Supreme(Bom) 2350 Fees remain nominal across both, but jurisdiction lies with the . 2008 0 Supreme(Mad) 1453
Courts can grant Section 9 relief against non-parties to prevent proceedings. Interim relief under Section 9 can be granted against third party/stranger to arbitration proceedings and . 2009 0 Supreme(Guj) 350 Fee structure unchanged—nominal Rs. 10.
Courts exercise sound judicial discretion for directions post-prima facie case. No fee escalation noted. 2004 0 Supreme(Mad) 471
Suits with arbitration clauses must refer to arbitration; interim injunctions under may not apply if Section 9 governs. The court emphasized the mandatory when there is an arbitration clause in the agreement and the limitations of the Civil Court's jurisdiction in granting interim measures under Sec. 9 of Arbitration Act. 2008 0 Supreme(Mad) 1453
These cases illustrate consistent application of nominal fees, even in complex scenarios involving cheques, franchises, or land disputes. 1986 0 Supreme(Mad) 73
To ensure smooth processing:- Clearly Invoke Section 9: State it's for interim measures under the Arbitration Act.- Pay Rs. 10 Nominal Fee: Attach proof; challenge any demand for more.- Jurisdiction Check: File in appropriate court (e.g., District Court for claims under Rs. 2 crore).- Supporting Documents: Include , prima facie evidence.- Refund Awareness: If later referred under , seek refund per state Court Fees Act. 2025 0 Supreme(Kar) 1329
For Section 9 applications, a nominal court fee of Rs. 10 generally suffices, backed by judicial precedents favoring arbitration's efficiency. This approach minimizes barriers, ensuring interim protection without fiscal hurdles. 1945 0 Supreme(Mad) 336
Key Takeaways:- Rely on Schedule II Articles 1 or 3 for Rs. 10 fee.- Avoid unless specified.- Judicial intent prioritizes speed over cost.- Always verify state-specific amendments.
Disclaimer: Laws evolve, and outcomes depend on facts. This post provides general guidance based on precedents like 2002 0 Supreme(Ker) 489, 1945 0 Supreme(Mad) 336, 1982 0 Supreme(SC) 139, 1982 0 Supreme(Del) 342, 2022 0 Supreme(Ker) 919. Seek professional advice tailored to your situation.
References:- 2002 0 Supreme(Ker) 489 1945 0 Supreme(Mad) 336 2022 0 Supreme(Ker) 919 1982 0 Supreme(Del) 342 1982 0 Supreme(SC) 139- 2025 0 Supreme(Kar) 1329 2023 0 Supreme(Bom) 2350 2010 0 Supreme(Guj) 24 2009 0 Supreme(Guj) 350 2008 0 Supreme(Mad) 1453 2004 0 Supreme(Mad) 471 1986 0 Supreme(Mad) 73
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Section 8 9 of the CPC r/w Section 16 of the Court Fees Act upon reference of the dispute to arbitration under Section 8 of the Act. Section 8 9 of the CPC and Section 16 of the Court fees Act. 5. ... the Court Fees Act 1870. ... hereinafter referred to as '#HL_ST....
Since most High Courts have not framed rules for determining arbitrators' fees, taking into consideration Fourth Schedule of the Arbitration Act, the Fourth Schedule is by itself not mandatory on court-appointed arbitrators in the absence of rules framed by the concerned High Court. ... NHAI made an application for recall of the order dated 10.06.2022, particularly with regard to the #HL....
Subsequent to the orders passed by this Court, the petitioner filed an application before the District Judge for fixing the arbitration fees by filing an application under Section 39 (2) of the Arbitration and Conciliation Act. ... Section 39 (2) of the Arbitration and Conciliation Act, where the application required to be considered only if there is ....
The Learned Arbitral Tribunal ruled that any application under Section 29-A of the Act must disclose to the Court, these facts on unpaid fees. 10. ... Indeed, it was that the Petitioners that had initiated arbitration and secured orders under Section 11 of the Act from this Court to get the arbitration proceedings underway. A Learned Senior Counsel of ....
Disputes arose between the parties and upon invocation of arbitration, an application under Section 11 of the Arbitration Act was filed. By an order dated 19.03.2019, this Court disposed of the said application by appointing a sole arbitrator, being a former Judge of this Court. ... The learned arbitrator also noted that unless such fees was ....
Arbitration application under section 11 and petition filed under section 9 of the Arbitration and Conciliation Act, 1996, seek distinct reliefs. ... Section 11 (8) read with section 12(1) of the Arbitration and Conciliation Act, 1996, to the Prothonotary & Senior Master of this Court, to be placed on record of this application, with a copy to be forwarded to both the....
fees as per Section 7 (2)(ii) of the Maharashtra Court Fees Act (Hereinafter referred to ‘Act’). ... In that case appeal was under Land Acquisition Act for which Section 7 (1) of Court Fees Act would apply. Present matters are within purview of Sec. 7(2) of the Act and therefore reliance on the said....
The law is also well settled that the Court while considering an application under Section 29A of the Act, is only concerned with the issue as to whether the Arbitrator has acted with expedition in the matter; issues relating to the conduct of the Arbitration and/or arbitral fees are not relevant for ... The arbitration proceedings commenced pursuant to the order dated 20.09.2021 passed ....
The only question I am now concerned is whether the Court fee paid by the petitioner is correct. According to the petitioners, they have to pay the Court fee under the unamended Tamil Nadu Court-Fees and Suit Valuation Act, 1955. ... V.Sivasubramanian and others) had held that the amended provisions of the Tamil Nadu Court Fees and Suit Valuation #HL_S....
The petitioner is a Senior Advocate of this Court and former Additional Advocate General and had appeared on behalf of the State in the three arbitration matters for which he had raised fee bills. ii The fees as claimed by the petitioner had not been paid to him. ... This would indicate the skill, knowledge and application of mind are required even in base preparation of written materials to be presented ....
7. In light of scope of Sec. 9 of the Arbitration Act and not to decide merits between parties while considering interim application, the observations made by trial Court in Paras 9 and 10 are quoted as under : “9. In light of this background, this Court has to consider the question, whether the order passed by the trial Court dated 16th October 2009 in Civil Misc. 3.1. On 5th September 2009, an application under Sec. 9 of the Arbitration Act has been filed by respo....
9 and 10 are necessary and proper party to the application under Sec. 9 of the Arbitration act and whether the petitioners are entitled to the reliefs under Sec. 9 of the Arbitration act against the respondent Nos. Sec. 9 of the i Arbitration Act reads as under:- "sec. 9 and 10 are to be joined as party respondents to the application under Sec. 9 of the Arbitration act, in that case, they may be joined as party to the proceedings under Sec. 9 of the arbitrat....
Act, a party may before or during arbitral proceedings or at any time after the making arbitral award but before it is enforced in accordance with Sec.36 may apply to a Court for interim measure of protection in respect of any one of the matters stated in Sec.9 (a) to (e). If at all any interim measure pending Arbitration, the application can be filed only under Sec.9 of Arbitration Act before the Court as defined under Sec.2(e) of Arbitration Act which is the Principal Civil Court o....
The present application was filed under Sub-clause (ii)(b)(e) of Sec.9 of the Arbitration Act, 1996. Further there is no provision in the 1996 Act similar to Sec.41 of 1940 Act.... This section do not contain such words as that of Sec.18 of the Arbitration Act, 1940.
We are therefore unable, with great respect, to persuade ourselves to accept the reasoning of the learned Judge in Koppaka Brahmanandam v. The Secretary of State for India in Council 57 MLJ 357 : 1930 AIR(Mad) 45 as correct. The provision regarding tender of compensation under S.31 of the Act by the Collector and his being required to deposit the same into Court, have largely influenced the inclusion that solatium is part of compensation, which is claimed. Even on the footing that solatium is ....
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