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Siddhi Agarwal (Owner)     22 August 2010

Procedure and Cost for Arbitration

This is repost as experts did not respond to earlier post under Experts slot.

We have a family dispute and in the MOU signed by legal heirs Arbitration is a clause. How ever due to ulterior motives some legal heirs are neither coming out with the facts of fathers assets and accounts thereof which they were managing under POA.

They have siphoned off huge amounts and tring to cheat on by demanding extra amounts from other legal heirs to move forward in pending matters.

I therefore request informations as to How to appoint an Arbitrator and the cost for arbitration ? 



Learning

 3 Replies

H. S. Thukral (Lawyer)     22 August 2010

What the arbitration agreement says in respect to appointment of Arbitrator?. If there is no clause as to to who appoints the Arbitrator then move before the District Judge or High Court who has the jurisdiction. Fee of the Arbitrator is usually fixed by the appointing court . 

If however parties form a consensus to appoint an Arbitrator themselves they can do so by naming any responsible person as an Arbitrator.

V. VASUDEVAN (LEGAL COUNSEL)     22 August 2010

While the alternative process of dispute resolution - Arbitration was introduced the objective was to have a common person who has considerable knowledge in the subject matter and would act as an ombudsman to resolve the dispute in a day to day process and cost effective, mutually amicable mode. However, over a period the arbitration process is becoming more expenses. Hence if the families still prefer the arbitration route, please choose a common friend and respectable and competent to deal with the property matters as an arbitrator. If the property value is high, you can approach the regional chamber of commerce who would have arbitration panel to help you tide over the situation.

Sameer Sharma (Advocate)     23 August 2010

Source: www.arbitrationindia.org

Contact:

IIAM Administrative Office - Bangalore

Indian Institute of Arbitration & Mediation,
64/64, 10th Mile, Old Madras Road,
Virgonagar Post, Bangalore - 560 049, INDIA.
info@arbitrationindia.com

IIAM Kerala Chapter & ADR Centre (HO)

Indian Institute of Arbitration & Mediation,
G-209, Main Avenue, Panampilly Nagar,
Cochin - 682 036, Kerala, INDIA.
Telephone: 91-484-6570101 / 6570102
cochin@arbitrationindia.com

IIAM Delhi Chapter

Indian Institute of Arbitration & Mediation,
F-41, Pankaj Grand Plaza, Near Alchon International,
Mayur Vihar - Phase I, New Delhi - 110 091, INDIA.
delhi@arbitrationindia.com

The Indian Institute of Arbitration & Mediation (IIAM) is providing alternative dispute resolution services. Services available through IIAM include negotiation, mediation, conciliation, arbitration, settlement conferences etc.

IIAM Arbitration Fee Schedule

Filing Fees

 

Claim

Rs. 5000/-

Counter-Claim

Rs. 3000/-

Cross-Claim

Rs. 3000/-

Third-party Claim

Rs. 3000/-

Additional Claim

Rs. 3000/-

Appointing Authority Fees

 

Sole or Presiding Arbitrator

Rs. 5000/-

Replacement Arbitrator

Rs. 2500/-

Request Fees

 

Request for Amendment

Rs. 750/-

Request for Time Waiver

Rs. 1000/-

Request for Interim Measures

Rs. 1000/-

Request for other Orders / Directions

Rs. 750/-

Case Service Fees

 

Arbitration with Sole Arbitrator

Rs. 2000/-

Arbitration with three arbitrators

Rs. 5000/-

Miscellaneous Service charges

 

Transcriptts of depositions & documents:

 

Ordinary
Ready within the same day

Rs. 15/- per page
Rs. 30/- per page

Stenographer

Rs. 75/- per hour

Floppy/CD containing transcripttion

Rs. 150/- per Floppy/CD

Audio recording of depositions

Rs. 500/- per Witness
Rs. 50/- per cassette

Rent for hearing room

Actuals as incurred

Rent for IIAM Conference room

Rs. 550/- below 1 hour

Rs. 850/- up to 3 hours

Rs. 1250/- up to 6 hours
or as fixed by IIAM

Scrutiny Fees

 

For claims more than Rs. 50 lakhs

Rs. 15,000/-

For claims less than Rs. 50 lakhs

Rs. 10,000/-

Staff over time

Beyond 6.00 pm Mon - Fri, beyond 2.00 pm Saturdays and during Sundays and Public holidays:

Rs. 50/- below 1 hour

Rs. 100/- up to 3 hours

Rs. 175/- up to 6 hours

Arbitral Tribunal’s fees:

Sole Arbitrator

 

Amount in dispute
(in rupees)

Amount of fee
(in rupees)

 

Minimum                     Maximum

From 3,00,000 to 5,00,000

10,000 plus 3.5%        18,000 plus 6%
of the amount by which the total amount in
dispute exceeds 3,00,000

From 5,00,001 to 50,00,000

17,000 plus 3%           30,000 plus 5%
of the amount by which the total amount in
dispute exceeds 5,00,000

From 50,00,001 to 100,00,000

1,52,000 plus 1.5%     2,55,000 plus 2.5%
of the amount by which the total amount in
dispute exceeds 50,00,000

From 100,00,001 to 500,00,000

2,27,000 plus 0.5%     3,80,000 plus 0.5%
of the amount by which the total amount in
dispute exceeds 100,00,000

More than 500,00,000

4,27,000 plus 0.15%     5,80,000 plus 0.15%
of the amount by which the total amount in
dispute exceeds 500,00,000

Or as decided by IIAM based on the facts of the case

Dispute which cannot be quantified

Amount of fee
(in rupees)

 

Minimum                     Maximum

 

10,000                         100,000

Or as decided by IIAM based on the facts of the case

Three Arbitrators

 

Amount in dispute
(in rupees)

Amount of fee for each Arbitrator
(in rupees)

 

Minimum                     Maximum

From 3,00,000 to 5,00,000

7,500 plus 2.5%          12,000 plus 4%
of the amount by which the total amount in
dispute exceeds 3,00,000

From 5,00,001 to 50,00,000

12,500 plus 2%           20,000 plus 3%
of the amount by which the total amount in
dispute exceeds 5,00,000

From 50,00,001 to 100,00,000

1,02,500 plus 1%        1,55,000 plus 1.5%
of the amount by which the total amount in
dispute exceeds 50,00,000

From 100,00,001 to 500,00,000

1,52,500 plus 0.25%   2,30,000 plus 0.25%
of the amount by which the total amount in
dispute exceeds 100,00,000

More than 500,00,000

2,52,500 plus 0.075%   3,30,000 plus 0.075%
of the amount by which the total amount in
dispute exceeds 500,00,000

Or as decided by IIAM based on the facts of the case

Dispute which cannot be quantified

Amount of fee
(in rupees)

 

Minimum                     Maximum

 

7000                            70,000

Or as decided by IIAM based on the facts of the case

IIAM administrative fees

 

Amount in dispute
(in rupees)

Administrative fee
(in rupees)

From 3,00,000 to 5,00,000

10,000 plus 2% of the amount by which the total amount in dispute exceeds 3,00,000

From 5,00,001 to 50,00,000

14,000 plus 1.5% of the amount by which the total amount in dispute exceeds 5,00,000

From 50,00,001 to 100,00,000

81,500 plus 0.75% of the amount by which the total amount in dispute exceeds 50,00,000

From 100,00,001 to 500,00,000

1,19,000 plus 0.5% of the amount by which the total amount in dispute exceeds 100,00,000

More than 500,00,000

3,19,000 plus 0.15% of the amount by which the total amount in dispute exceeds 500,00,000

Or as decided by IIAM based on the facts of the case

Dispute which cannot be quantified

Amount of fee
(in rupees)

 

Minimum                     Maximum

 

10,000                         100,000

Or as decided by IIAM based on the facts of the case


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