Ms Kathleen Lobo

Kathleen Lobo


Arbitration & ADR

Supreme Court rules that arbitrators' fee schedule fixed by parties overrides Fourth Schedule of Arbitration Act
India | 08 August 2019

The division bench of the Supreme Court recently held that if the parties to an arbitration have agreed an arbitrators' fee schedule, the arbitrators must charge their fees in accordance with this agreed schedule and not in accordance with the Fourth Schedule of the amended Arbitration Act. While this decision gives credence to party autonomy and may thus be hailed as pro-arbitration, it specifies no limits and provides no other directions for parties to bear in mind when fixing a fee schedule.