While Justice Sanjiv Khanna agreed to this direction for constitution of a new arbitral tribunal, he penned a separate judgment as her refused to concur that in the absence of any agreement between the parties, the tribunal was not entitled to fix the fee.
“As I am of the opinion that by the implied terms of the contract and as per the provisions of the Arbitration and Conciliation Act, 19961, an arbitral tribunal can fix a reasonable fee,” he said.
Agreeing that a unilateral increase was unacceptable, the judge opined that where an arbitral tribunal solicited higher fees, an aggrieved party could approach the court for appropriate orders under the Arbitration and Conciliation Act.
Source: Barandbench
