Moratorium Under IBC Does Not Bar Payment Of Fees To Arbitrator Due Prior To Moratorium: Madras High Court
1 year, 3 months ago

Moratorium Under IBC Does Not Bar Payment Of Fees To Arbitrator Due Prior To Moratorium: Madras High Court

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The High Court of Madras has held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not affect the payment of fees to the arbitrator for the award passed before the moratorium was declared. The Court referred to the decision of the Supreme Court in ONGC v. Afcons Gunanusa, wherein the Apex Court had noted that fee schedule prescribed in Schedule IV of the Arbitration and Conciliation Act, 1996 is not mandatory and that parties to Arbitration may choose another fee structure for the Arbitrator by agreement, therefore, the arbitrator would be at liberty to determine his fees with the consent of the parties. The Court again referred to the judgment in ONGC to hold that the fees of the arbitrator would depend on a variety of reasons such as complexity of the disputes; difficulty or novelty of the questions involved; the skill, specialised knowledge and responsibility of the Arbitral Tribunal; number and importance of documents to be studied; value of the property involved or the amount or the sum in issue and importance of the dispute to the parties. The Court observed that the award has been passed against the applicant and unless it pays the agreed balance arbitrator’s fees, it would not be able to challenge the award as the delivery of award is withheld unless the lien is cleared.

History of this topic

Ineligibility Of Arbitrator Cannot Be Challenged First Time Under Section 34 Of Arbitration Act: Madras High Court
2 weeks, 5 days ago
Arbitrators Cannot Pass Binding And Enforceable Orders Unilaterally Determining Their Fees: Delhi High Court
3 weeks, 4 days ago
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3 weeks, 6 days ago
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1 month, 2 weeks ago
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4 months, 3 weeks ago
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5 months, 3 weeks ago
Appointment Of Arbitrator In Violation Of S. 12(5) Of A&C Act Is Void, Waiver Of This Provision Requires Explicit Written Agreement: Kerala High Court
8 months ago
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8 months, 3 weeks ago
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9 months ago
Arbitrators Can't Unilaterally Modify Fee, Needs Parties' Consent: Bombay High Court
10 months, 2 weeks ago
Appellate Court May Reject, Not Dismiss An Appeal For Non-Payment Of Court Fee: Kerala High Court
11 months, 3 weeks ago
Court Under Section 29A Of The A&C Act Would Not Consider Issue Regarding Fees Of Arbitral Tribunal: Delhi High Court
1 year, 5 months ago
Calcutta High Court Criticizes The Approach Of Finance And Banking Companies Unilaterally Appointing The Arbitrator; Refuses To Enforce ‘Unilateral Appointment Award’
1 year, 9 months ago
Arbitrator Who Accepted Brief Of Party’s Lawyer In An Unrelated Matter, No Clash of Interest Involved: Bombay High Court
1 year, 10 months ago
Moratorium Under Companies Act, 2013, Parties Cannot Be Referred To Arbitration: Delhi High Court
2 years ago
Arbitral Fee Under The Fourth Schedule Of A&C Act, Supreme Court Settles The Issue
2 years ago
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2 years ago
Circumstances Mentioned Under Schedules V Do Not Per Se Render The Arbitrator Ineligible: Delhi High Court
2 years, 1 month ago
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2 years, 3 months ago
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2 years, 3 months ago
'Hold Preliminary Hearings To Fix Arbitrator's Fee' : Supreme Court Issues Directives To Govern Fees Of Arbitrators
2 years, 3 months ago
Arbitrators Cannot Unilaterally Fix Their Fee As It Violates Party Autonomy : Supreme Court
2 years, 3 months ago
Challenge By NHAI On Fee Fixation By Arbitral Tribunal, Delhi High Court Holds That Tribunal Can Fix Its Fees
2 years, 7 months ago
Arbitrators Raising Fees In The Middle Of Arbitration May Amount To Misconduct, Supreme Court Says During Hearing
2 years, 8 months ago
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2 years, 8 months ago
Arbitral Fee Under Fourth Schedule Based On Aggregate Value Of Claim & Counter-Claim : Delhi High Court
2 years, 9 months ago
Statutory Remedy Against Appointment Of Arbitrator Lies Under Arbitration Act, Can't Invoke Extraordinary Jurisdiction Under Art. 226: Gujarat HC
2 years, 10 months ago
Imposition Of Moratorium Under IBC Does Not Bar Complaints Against Natural Persons: Madras High Court
2 years, 10 months ago
Writ Jurisdiction Cannot Be Invoked To Challenge Appointment Of Arbitrator: Kerala High Court
2 years, 11 months ago
'Complete Abuse Of Process': Madras HC Imposes Rs 1 Lakh Costs For 'Worthless' Appeal, Cautions Against Impleading Arbitrators
3 years, 2 months ago
[IBC] Is Moratorium Applicable to Suits Filed By Corporate Debtor?: SC Issues Notice [Read Order]
4 years, 2 months ago

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