Chandigarh Arbitration Centre
(CAC) (Administrative Cost and Arbitrators' Fees) Rules, 2014
Rule 1. Title.?
These rules may be called Chandigarh Arbitration
Centre (CAC) (Administrative Cost and Arbitrators' Fees) Rules, 2014.
Rule 2. Arbitrators' Fees.?
The fees payable to the Arbitrators shall be
determined in accordance with the scales specified in Schedules `B,C,D and E'
to these rules. In cases where the Arbitral Tribunal consists of three or more
members, the Coordinator shall, in consultation with the Chairperson, decide
the fees payable to each of the Arbitrators.
Rule 3. Parties to share equally Administrative Cost and the Fees.?
The Administrative Cost and the Arbitrators' fees
set forth in these Rules shall be initially shared equally by the parties
subject to the cost of arbitration as may be finally determined by the Arbitral
Tribunal.
Rule 4.
Miscellaneous expenses likely to be incurred during
arbitration shall be determined by the Coordinator and shall be paid equally by
the parties.
Rule 5.
The Coordinator may maintain an account of the
Administrative Cost and miscellaneous expenses and for which the Coordinator
shall be entitled to open and operate a bank account with a scheduled
nationalized bank.
Rule 6.
Administrative Cost, Miscellaneous Expenses and
Arbitrators' Fees payable when proceedings are terminated, withdrawn or settled
?
A.
In the event
of the arbitration being terminated, withdrawn or settled, the Coordinator, in
consultation with the Chairperson shall fix the quantum of fees payable to the
arbitrator(s). The Coordinator shall take into account the stage at which the
arbitration proceedings stood terminated, and the extent of work done or time
spent by the Arbitrators on the matter.
B.
The
Administrative Cost and miscellaneous expenses paid by the parties shall not be
refundable, under any of the aforesaid eventualities.
Rule 7. Amendment of Rules.?
These Rules may be amended by the Chief Justice of
the Punjab and Haryana High Court in consultation with the Arbitration
Committee.
Rule 8. Residuary Provision.?
The Arbitration Committee may take appropriate
decisions, as it considers necessary in respect of all matters which are not
specifically provided in these Rules.
Schedule A - Administrative Cost
Domestic Arbitration
As may be determined by the Chairperson of the Arbitration Committee from time to
time.
International Arbitration
|
Normal
Expense |
Rs.
25,000/- |
|
Sum in Dispute |
Fees |
|
From Rs.
10,00,000/- to Rs. 50,00,000/- |
Rs.
25,000/- + 1% of the claim amount over and above Rs. 10,00,000/-. |
|
From Rs.
50,00,000/- to Rs. 1,00,00,000/- |
Rs.
60,000/- + 0.5% of the claim amount over and above Rs. 50,00,000/- |
|
From Rs.
1,00,00,000/- to Rs. 10,00,00,000/- |
Rs.
75,000/- + 0.25% of the claim amount over and above Rs. 1,00,00,000/-. |
|
Over Rs.
10,00,00,000/- |
Rs.
2,75,000/- + 0.15% of the claim amount over and above Rs. 10,00,00,000/-. |
|
Note: Air fare and cost of stay in hotel of the member (s) of the
Arbitral Tribunal are excluded, which are to be equally borne by the parties. |
|
|
Emergency Arbitration |
|
|
Fixed Fee |
Rs.
25,000/- |
|
In
addition to the foregoing, the parties shall be required to pay a sum of Rs.
3,000/- per day for use of facilities of the CAC on the days the arbitral
tribunal holds its sittings. (International and Emergency Arbitration). |
|
Schedule B - Arbitrators' fees[1]
|
Sum in Dispute (In Rs. ) |
Fees |
|
Upto Rs. 5
Lakh (Rs. 5,00,000) |
Rs.
35,000/- |
|
Above Rs.
5 Lakh and upto Rs. 20 Lakh (Rs. 5,00,001 to Rs. 20,00,000) |
Rs.
35,000/- + 3.5% of the claim amount over and above Rs. 5,00,000/-. |
|
Above Rs.
20 Lakh and upto Rs. 1 Cr. (Rs. 20,00,001 to Rs. 1,00,00,000) |
Rs.
87,500/- + 3% of the claim amount over and above Rs. 20,00,000/-. |
|
Above Rs.
1 Cr. and upto Rs. 10 Cr. Rs. 1,00,00,001 to Rs. 10,00,00,000) |
Rs.
3,27,500/- + 0.75% of the claim amount over and above Rs. 1,00,00,000/-. |
|
Above Rs.
10 Cr. and upto Rs. 20 Cr. (Rs. 10,00,00,001 to Rs. 20,00,00,000) |
Rs. 10,02,500/-
+ 0.5% of the claim amount over and above Rs. .10,00,00,000/-. |
|
Above Rs.
20 Cr. (Rs. 20,00,00,001) |
Rs.
15,02,000/- + 0.25% of the claim amount over and above Rs. 20 Cr., with an
overall ceiling of Rs. 25,00,000/- |
Schedule C - Arbitrator's fees in summary arbitration
|
Upto Rs.
10,00,000/- |
Rs.
25,000/- |
|
Above Rs.
10,00,000/- |
As per
Schedule B |
Note: Fees in respect of claims /
counter claims, either wholly or partially, monetary value whereof cannot be
ascertained will be fixed by the Chairperson, having regard to, effective and
substantial relief sought, and complexity of subject matter.
Schedule
D - Arbitrators' fees in International Arbitration
|
Sum in Dispute |
Arbitrator's Fee |
|
Up to $
50,000 or equivalent in Rs. |
Rs.
3,00,000 (minimum) |
|
From $
50,001 to $ 1,00,000 or equivalent in Rs. |
6% of the
additional amount |
|
From $
100,001 to $ 500,000 or equivalent in Rs. |
3.5% of
the additional amount |
|
From $
500,001 to $ 10,00,000 or equivalent in Rs. |
2.5% of
the additional amount |
|
From $
10,00,001 to $ 20,00,000 or equivalent in Rs. |
1.5% of
the additional amount |
|
From $
20,00,001 to $ 50,00,000 or equivalent in Rs. |
0.75% of
the additional amount |
|
From $
50,00,001 to $ 1,00,00,000 or equivalent in Rs. |
0.35% of
the additional amount |
|
From $
1,00,00,001 to $ 5,00,00,000 or equivalent in Rs. |
0.15% of
the additional amount |
|
From $
5,00,00,001 to $ 8,00,00,000 or equivalent in Rs. |
0.075% of
the additional amount |
|
From $
8,00,00,001 to $ 10,00,00,000 or equivalent in Rs. |
0.03% of
the additional amount |
|
Over $
10,00,00,001 or equivalent in Rs. |
0.02% of
the additional amount |
Schedule E - Arbitrators' fees in Emergency Arbitration
|
Fixed Fee |
Additional
15% of the fees payable to the Arbitrator in accordance with the fee
structure in Schedule B or D as the case may be |
II. The Punjab and
Haryana High Court (Arbitrator's Panel and Fee) Rules 2011, as contained in
Chapter 4 Part-D of Rules and Orders of Punjab and Haryana High Court, Volume-1
stand repealed.
[1] Sums in dispute mentioned in the
Schedule B and C above shall include any counterclaim made by a party