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Sep 30, 2022

SC Rules That Arbitrators Cannot Unilaterally Fix Fee As It Violates Party Autonomy

The SC in Oil and Natural Gas Corporation Ltd NGC v. Afcons Gunanusa JV[1] has held that arbitrators do not have the power to unilaterally issue binding orders determining their own fees since this inter alia violates the principle of party autonomy. The Court clarified that the arbitral tribunal has the discretion to apportion the costs (including arbitrators’ fees and expenses) between the parties and demand a deposit (advance on costs). If while fixing costs or deposits, the arbitral tribunal makes any finding relating to arbitrators’ fees (in the absence of an agreement between the parties and arbitrators), it cannot be enforced in favour of the arbitrators.

 

[1] Oil and Natural Gas Corporation Ltd NGC v. Afcons Gunanusa JV, 2022 SCC OnLine SC 1122.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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