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30 important Judgments on Arbitration by Indian Courts [June- December 2022]

What is the maximum amount that an arbitrator can charge as its fee from a party in view of the entry 6th to 4th Schedule?

23. ONGC v. Afcons Gunanusa JV

The Supreme Court of India held that arbitrators cannot unilaterally issue binding and enforceable orders determining their own fees. Further, the ceiling amount of Rs. 30 Lakhs given under entry 6th to 4th schedule also includes the base amount of claim, therefore, the maximum fee that an arbitrator can charge a single party is Rs. 30 Lakhs. The Court further held that the arbitrator can charge similar separate fees on the counter claim.

Source: Barandbench

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