Recently Government proposed to amend Arbitration & Concilliation Act, 1996 1996 regarding Arbitrator not to charge fee on the basis of per sitting unless agreed to by the parties.
What's your opinion on this?
Adv. Sagar R. Jadhav (Proprietor) 28 February 2012
Recently Government proposed to amend Arbitration & Concilliation Act, 1996 1996 regarding Arbitrator not to charge fee on the basis of per sitting unless agreed to by the parties.
What's your opinion on this?
Advocate Bhartesh goyal (advocate) 01 March 2012
Sagar, you are very right though proceedings before Arbitrator saves the court fees but arbitrators per hearing fee makes litigation very costly.
Adv. Sagar R. Jadhav (Proprietor) 02 March 2012
Yes Goyal Sir, I appreciate with you, the status of arbitration hearings is fastly growing in India and its effect reflects on fees of Arbitrators, but lastly have to pay by client.
Advocate Bhartesh goyal (advocate) 02 April 2012
It is true that object to initiate Arbitration proceedin was to save the cost and time of litigation but Arbitrators per hearing fee makes the proceedings very costly.
rajasekaran (director) 17 April 2012
The Arbitrator fee and the number of hearings with duration for each has to be broadly considerd by Court while appointment of arbitrator itself.
Also in the propsed amendments section 80 of AC Act 1996 there is a bar for the concilator to act as arbitrator and needs to be considered for amended. In fact to minimize the cost of litgation in the US and eupore, the law provides for the concilator to arbitrate and resolve the dispute.
Many countries have moved forward from Model Law adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.
The post award legal mechanism is time consuming and costly as well with no immediate relief to the awardee.