Arbitrator's Can't Unilaterally Fix Fees At A Later Stage : Amicus Curiae Tells Supreme Court

The Supreme Court on Wednesday continued the hearing on the issue of fixation of standards for fees for arbitrators. In the hearing today, Senior Advocate Hufeza Ahmadi while emphasizing on the essence of arbitration namely fairness, efficiency and integrity, submitted that party autonomy must trump over all the rules. If Parties Agree To A Particular Procedure Irrespective Of Whether It's Just Fair So Far As It's In Accordance With Law, Party Autonomy Must Trump Over All Other Rules; Scheme Of The Act As It Stands Today Does Not Make The 4th Schedule Mandatory At All: Senior Advocate Hufeza Ahmadi Senior Advocate Hufeza Ahmadi commenced his submissions by emphasizing on the essence of arbitration namely fairness, efficiency and integrity. There Cannot Be Unilateral Fixation Of Fees By The Arbitrator At The Later Stage; First Hearing Must Stipulate The Fees Of The Arbitrator And If You Have Agreed To That There Should Not Be Any Question Of Modification: Senior Advocate Hufeza Ahmadi Senior Advocate Ahmadi also argued that the parties in the first hearing of the arbitration should stipulate the fees of the arbitrator and that there could not be unilateral fixation of fees at the later stage. Arbitrator's Fees Should Be Fixed In First 2 or 3 Hearings; If Arbitrators Withdraw During Middle Of Arbitration Proceedings There Should Be Some Sort Of Reprimand: Senior Advocate Hufeza Ahmadi Throwing light on the agony suffered by the parties on the arbitrator demanding a different fees in the mid of the arbitration proceedings, Ahmadi said, "If parties are appointing an arbitrator then in the 1st hearing itself, then fees must be determined.