(1) These Rules may be called the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

(2) They shall come into force on the date of its publication in the Gazette.

(3) They shall apply to all the arbitrations under the Arbitration and Conciliation Act, 1996, in which the Arbitral Tribunal is appointed by the Bombay High Court.

(1) The fees payable to an Arbitral Tribunal shall be in accordance with the scales specified in the Schedule .

(2) Where the dispute includes both the claim and counter claim, for the purposes of computing the fees of Arbitral Tribunal the Sum in dispute shall be total sum of both claim and counter claim in dispute, before Arbitral Tribunal.

Subject to section 38(2) proviso thereto, the Arbitrator's fees payable under these rules shall be initially shared equally by the parties to the Arbitration, subject to the cost of the Arbitration as may be finally determined by the Arbitral Tribunal.

Where the proceedings are terminated on account of mutual settlement of dispute by the parties, the fees payable to the arbitrators shall be determined as under:

(i) 40% of the fees if the pleadings are complete.

(ii) 60% of the fees if the hearing has commenced.

(iii) 80% of the fees if the hearing is concluded but the award is yet to be passed.

Note. In the event, the arbitral tribunal is a sole arbitrator, he shall be entitled to an additional amount of twenty-five percent on the fee as per the Table set out above.

1 High Court of Judicature at Bombay, Vide Extra., Part-4(a), Noti. No. P. 0703/2019, dated 23-4-2019, published in Maharashtra Govt. Gazette, No. 23, dated 25-4-2019.