Fee Structure
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Arbitration Foundation
The Arbitration Foundation is formed by the retired judges from the cader of District Judiciary in the State of Gujarat. The office is situate in Ahmedabad at 203, Corporate House, Opp. Torrent Pharma, Nr. Dinesh Hall, B/h. Aaykar Bhavan, Incometax, Navrangpura, Ahmedabad – 380009. The Arbitration Foundation – Gujarat is created on the basis of no profit no loss. The charges for Arbitration proceedings are very reasonable and fixed in a tabular form which is half of the charges stated in the Arbitration and Conciliation Act.
Appointment
The parties have to show the willingness and give consent and submit an application for appointment of arbitrator. The parties shall have also fill up a memorandum for appointment of Arbitrator by common consent. The parties shall get registration by making an application on payment of Rs. 20,000/- towards the arbitration fee which shall be adjusted in the total arbitration fee.
Procedure
As far as the procedure to adjudicate the reference is concerned the Rules and Regulations stated in the Arbitration and Conciliation Act will apply. The arbitrator shall abide by the schedule – 12 and other schedules regarding impartiality, honesty, capability, time limit to adjudicate the reference etc. The accountability of the arbitrator is fixed in these schedules and arbitrator will follow such procedure. In this way the accountability of the arbitrator is also fixed by the Act which is a primary requirement while appointing the Arbitrator. If any question regarding appointment of arbitrator and adjudication arises, the Arbitration Foundation will have no jurisdiction but such kind of jurisdiction shall vest in High Court of Gujarat.
Kinds of cases
All cases wherein arbitrable dispute exist. Moreover pre-litigation are also conducted in the Arbitration Foundation.
FEE STRUCTURE
Irrespective of the total number of sittings of the arbitral proceedings / hearing, the fee structure of the Arbitrator shall be as under…
| Sr. No. | Arbitration Fees | Amount of Claim |
|---|---|---|
| 1 | Rs. 35,000/- | If the claim is up to Rs. 3,00,000/- (Rs. Three Lakhs only) |
| 2 | Rs. 75,000/- | If the claim is above Rs. 3,00,000/- and up to Rs. 4,00,000/- (Rs. Four Lakhs only) |
| 3 | Rs. 1,50,000/- | If the claim is above Rs. 4,00,000/- and up to Rs. 8,00,000/- (Rs. Eight Lakhs Only) |
| 4 | Rs. 3,00,000/- | If the claim is above Rs. 8,00,000/- and up to Rs. 10,00,000/- (Rs. Ten Lakhs Only) |
| 5 | Rs. 4,00,000/- | If the claim is above Rs. 10,00,000/- and up to Rs. 15,00,000/- (Rs. Fifteen Lakhs Only) |
| 6 | Rs. 6,00,000/- | If the claim is above Rs. 15,00,000/- and up to Rs. 25,00,000/- (Rs. Twenty Five Lakhs Only) |
| 7 | Rs. 9,00,000/- | If the claim is above Rs. 25,00,000/- and up to Rs. 50,00,000/- (Rs. Fifty Lakhs Only) |
| 8 | Rs. 10,00,000/- | If the claim is above Rs. 50,00,000/- and up to Rs. 1,00,00,000/- (Rs. One Crore Only) |
| 9 | Rs. 12,00,000/- | If the claim is above Rs. 1,00,00,000/- and up to Rs. 5,00,00,000/- (Rs. Five Crore Only) |
| 10 | Rs. 15,00,000/- | If the claim is above Rs. 5,00,00,000/- (Rs. Five Crore Only) and up to unlimited amount |
- The minimum fee for arbitration shall be Rs. 35,000/- (Rs. Thirty Five Thousand only) and the maximum fee for arbitration shall be 15,00,000/- (Rs. Fifteen Lakhs Only) irrespective of amount.
- If the event arises to appoint presiding arbitrators there shall be 30% increasing in the above stated fee structure.
STAGE OF THE PAYMENT
- Rs.20,000/- at the initial stage of the registration which will be adjusted in the arbitration fee.
- 20% after completing the pleading and framing of the issues.
- 50% after completion of claimant’s evidence.
- 65% after completion of respondent evidence.
- 75% at the stage of final argument.
- 100% after completion of argument and before declaration of Award.
- Fees shall not be accepted in cash. Parties will have to pay it by account payee cheques only.
NOTE:
- If the parties does not proceed further within 15 days of registration then registration fee shall not be refunded.
- If the case is decided and disposed of on preliminary issue, petitioner shall pay 50% arbitration fees to the arbitrator.
- If the application under Section 16 is allowed by the Arbitrator, then the petitioner shall pay 50% arbitration fees.
- The parties shall deposit the fees as prescribed in their case in advance by cheque on the name of arbitrator according to the stage of their case. Parties shall issue cheque on the name of Arbitrator.
- The parties and the Arbitrator are at liberty to fix the less amount of arbitration fee provided both are willing and give consent for the same though the arbitration fee is fixed herein above.
- The venue and place of Arbitration shall be decided by the Arbitrator if parties and arbitrator ask for such accommodation it will be provided if available on making reasonable payment.
- If the parties compromise the dispute during the course of arbitration the 50% amount of the fee shall be paid by the Petitioner. However if parties enter into compromise at the belated stage i.e. after stage of argument and before declaration of award party shall pay 90% fee even if compromise is entered into by the parties.
- Petitioners shall have to pay Rs.3500/- (Rs. Three Thousand Five Hundred Only) administrative expenses at the time of registration in advance.
- If the counter claim is filed by the otherside in the arbitration proceeding, fee structure shall be as is applicable to the arbitration case of the petitioner.