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ARTICLE · 15 FEBRUARY 2023

The Conundrum Of Arbitrator's Fee – Indian And Global Perspective

Over the last few decades, there has been increasing denunciation of the role of arbitrators in India, especially in terms of the exorbitant fees charged by them.

IndiaLitigation, Mediation & Arbitration

INTRODUCTION:

Over the last few decades, there has been increasing denunciation of the role of arbitrators in India, especially in terms of the exorbitant fees charged by them. There have been calls to introduce fixed fees for Arbitrators to ensure the viability of arbitration as a dispute resolution process. However, not too late, in the year 2014 the Law Commission of India under the chairmanship of Justice AP Shah constituted an expert committee to release the 246th Report. The committee had put forth an array of recommendations as part of the "Amendment to the Arbitration and Conciliation Act, 1996" where the recommendation of Controlling Arbitrators' Fees was the most critical one of them all.1

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