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03fee Structure

The document outlines the arbitration fees for various levels of arbitrators based on the sum in dispute, detailing specific amounts for retired district judges, high court judges, and supreme court judges. It includes provisions for additional fees for sole arbitrators, separate calculations for claims and counter-claims, and minimum fees for non-monetary disputes. The document also specifies fee payment conditions in cases of adjournments, recusal, or settlement, along with a fee structure for different stages of the arbitration process.
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0% found this document useful (0 votes)
10 views3 pages

03fee Structure

The document outlines the arbitration fees for various levels of arbitrators based on the sum in dispute, detailing specific amounts for retired district judges, high court judges, and supreme court judges. It includes provisions for additional fees for sole arbitrators, separate calculations for claims and counter-claims, and minimum fees for non-monetary disputes. The document also specifies fee payment conditions in cases of adjournments, recusal, or settlement, along with a fee structure for different stages of the arbitration process.
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ARBITRATION FEES:-

44.1 Irrespective of the total number of sittings of the arbitral proceedings hearing, the full and final
fees of each Arbitrator shall be as under....
Sum in Dispute Retired District Judge, Retired High Court Retired Supreme Court
Expert and Lawyer Judge and Designated Judge
Senior Lawyer
Upto Rs.5,00,000/- Rs.25,000/- (Rupees Rs.35,000/- (Rupees Rs.45,000/- (Rupees Forty
(Rupees Five Lakh Only) Twenty Five thousand Thirty Five thousand Five thousand only)
Only) only)
Above Rs. 5,00,000/- Rs.25,000/- (Rupees Rs.35,000/- (Rupees Rs.45,000/- (Rupees Forty
(Rupees Five Lakh only) Twenty Five thousand only Forty Five thousand only) Five thousand only) plus
upto Rs.20,00,000/- plus 3.5 per cent of the plus 3.5 per cent of the 3.5 per cent of the claim
(Rupees Twenty Lakh claim amount over and claim amount over and amount over and above
only) above Rs.5,00,000/- Rs.5,00,000 (Rupees Five Rs.5,00,000/- (Rupees Five
(Rupees Five Lakh Only) Lakh Only) Lakh Only)
Above Rs.20,00,000/- Rs.77,500/- (Rupees Rs.87,500/- (Rupees Rs.97,500/- (Rupees
(Rupees Twenty Lakh Seventy Seven Thousand Eighty Seven Thousand Ninety Seven Thousand
only) Five Hundred Only plus 3 Five Hundred only plus 3 Five Hundred Only) Plus 3
upto Rs.1,00,00,000/- per cent of the claim per cent of the claim per cent of the claim
(Rupees One Crore only) amount over and above amount over and above amount over and above
Rs.20,00,000/- (Rupees Rs.20,00,000 /-(Rupees Rs.20,00,000 (Rupees
Twenty Lakh Only) Twenty Lakh Only) Twenty Lakh Only)
Above Rs.3,17,500/- (Rupees Rs.3,27,500/- (Rupees Rs.3,37,500/- (Rupees
Rs.1,00,00,000/- (Rupees Three Lakh Seventeen Three Lakh Twenty Seven Three Lakh Thirty Seven
One Crore only) Thousand Five hundred Thousand Five Hundred Thousand Five Hundred
upto Only plus 1 per cent of the Only) plus 1 per cent of Only )plus 1 per cent of the
Rs.10,00,00,000/- claim amount over and the claim amount over claim amount over and
(Rupees One Crore only) above Rs.1,00,00,000 and above Rs.1,00,00,000 above Rs.1,00,00,000
(Rupees One Crore only) (Rupees one Crore only) (Rupees One Crore only)

Above Rs.12,17,500/- (Rupees Rs.12,27,500/- (Rupees Rs.12,37,500/- (Rupees


Rs.10,00,00,000/- Twelve Lakh Seventeen Twelve Lakh Twenty Twelve Lakh Thirty
(Rupees Ten Crore Thousand Five Hundred Seven Thousand Five Seven Thousand Five
only) upto Only) plus 0.75 per cent Hundred Only) plus Hundred Only) plus 0.75
Rs.20,00,00,000/- of the claim amount over 0.75 per cent of the per cent of the claim
(Rupees Twenty Crore and above claim amount over and amount over and above
Only) Rs.10,00,00,000 (Rupees above Rs.10,00,00,000 Rs.10,00,00,000 (Rupees
Ten Crore only) (Rupees Ten Crore Ten Crore only)
only)
Above Rs.19,67,500/- Rs.19,77,500/- Rs.19,87,500/- (Rupees
Rs.20,00,00,000/- (Rupees Nineteen Lakh (Rupees Nineteen Lakh Nineteen Lakh Eighty
(Rupees Twenty Crore Sixty Seven Thousand Seventy Seven Seven Thousand Five
only) Five Hundred Only) plus Thousand Five Hundred Only) plus 0.50
0.50 percent of the claim Hundred Only) plus percent of the claim
amount over and above 0.50 percent of the claim amount over and above
Rs.20,00,00,000 (Rupees amount over and above Rs.20,00 00,000 (Rupees
Twenty Crore only) with Rs.20,00,00,000 (Rupees Twenty Crore only) with
a ceiling of Twenty Crore only) with a ceiling of Rs.30,00,000*
Rs.30,00,000*(Rupees a ceiling of (Rupees Thirty Lakh
Thirty Lakh only ) Rs.30,00,000* (Rupees only)
Thirty Lakh only)
* The Ceiling limit of Rs.30 lacs as interpreted by Hon’ble Supreme Court in Case of ONGC V/s. AFCON
[2022-AIR(SC) – 0- 4413] is applicable to Rule 44.1 of GHAC Rules-2021.
Note:-

(1) In the event, the arbitral tribunal is a sole arbitrator, he shall be entitled to an
additional amount of twenty-five per cent on the fees payable as per the table set
out above.
(2) The Arbitrator Fee shall be calculated separately on claim and counter-claim
and ceiling limit of Rs.30 lacs will applicable separately on claim and counter
claim.
(3) The fee fixed in Rule No.44.1 is in respect of a single Arbitrator. The fee at the
same rate shall be payable to any additional Arbitrator.
(4) Any Claim or dispute which is not valued in terms of money, shall attract at
minimum fee of Rs.50,000/-; Rs.75,000/- and Rs.1,00,000/- for Retired District
Judge, Expert and Lawyer; Retired High Court Judge and Designated Senior
Lawyer and; Retired Supreme Court Judge, respectively and subject to the time
limit prescribed in the Act, a further sum of Rs.5,000/-; Rs.7,500/- and Rs.10,000/-
for Retired District judge, Expert and Lawyer; Retired High Court Judge and
Designated Senior Lawyer and; Retired Supreme Court Judge, respectively for
every sittings of arbitral proceedings/hearing.
(5) In the the event of an Arbitrator chosen from the panel of Arbitrators is from
a place other than Ahmedabad, the party nominating such Arbitrator, shall alone
bear all expenses of such Arbitrator for his participation in the Arbitration
proceedings. If he is appointed by the Director, such expenses shall be shared
equally by all parties.

44.2 The aforestated fee table will be applicable in all cases except where the
Arbitrator(s) has/have been appointed under the Arbitration Agreement entered
into by and between the parties to the dispute and the Agreement provides for the
Arbitrator(s) fee, in which case the same shall apply and not the aforestated fee
table.

44.4 In the event of the following circumstances occurring, the fees shall be paid
to the Arbitral Tribunal in the manner indicated herein under:-
A. In matters which are stayed or adjourned sine die or in cases which are
pending before the Tribunal or like authorities.
B. In the event of recusal by the Arbitrator.
C. In the event of demise of the Arbitrator, fees will be paid to his legal
heirs.
D. Matters in which settlement is arrived at between the parties.
E. In cases where proceedings are terminated or withdrawn.
F. In matters where the mandate of the Arbitrator terminates by efflux of
time as provided under Section 29A of the Act.
In matters where the mandate of the Arbitrator(s) terminates by efflux of time as
provided in the Act.

Sr. No. Stage of the Case Fee Payable


i) Preliminary Hearing Not more than 5% of total fees.
ii) Successful challenge to Arbitrator Nil (and in no case more than 10% of total fees).
iii) Where pleadings have been completed Not more than 10% of total fees.
iv) Passing of an Interim Relief / Award Not more than 20% of total fees.
v) Framing of issues, if any / Admission Not more than 20% of total fees.
denial of documents
vi) a. Upon completion of Claimant’s Evidence Not more than 50% of total fees.
(CE).
vi) b.
Upon completion of Respondent’s Not more than 65% of total fees.
Evidence (RE), if any.

vii) Upon conclusion of Final Arguments 75% of total fees.


Viii) After passing of Award 100% of total fees.

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