Photo of Gathi Prakash

Principal Associate in the Dispute Resolution Practice at the Mumbai office of Cyril Amarchand Mangaldas. Gathi focuses on arbitration and corporate, commercial and regulatory litigation involving media rights, promoter/shareholder disputes, FEMA violations, offshore construction projects, healthcare and banking. She can be reached at gathi.prakash@cyrilshroff.com.

Arbitrator Fees in India

The Law Commission of India, in its 246th report, noted that one of the problems associated with arbitration in India (especially ad hoc arbitrations) is the high quantum of fees charged by arbitrators.[1] The Report went so far as to call the fees “arbitrary, unilateral and disproportionate”. The Commission recommended the adoption of a model schedule of fees for Courts to consider while framing rules for fixing of the fees of arbitrators appointed in accordance with Section 11 of the Arbitration and Conciliation Act, 1996 (the Act). The Commission restricted its suggestions to ad hoc domestic arbitrations, noting that different standards may apply in institutional arbitrations and in international commercial arbitrations (where the Commission recommended greater deference to party autonomy).
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