Kerala High Court (Fee Payable to Arbitrators) Rules, 2017 1. Short title, commencement and application. 2. Fees of Arbitral Tribunal. 3. Sharing of Fees. 4. Manner of payment of Fees.
Kerala High Court (Fee Payable to Arbitrators) Rules, 2017
Published vide Notification Kerala Gazette No. 49, Dated 12.12.2017 by Notification No. D1-104127/2015 dated 9.11.2017
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Published in Kerala Gazette No. 49, Dated 12.12.2017 by Notification No. D1-104127/2015 dated 9.11.2017. - In exercises of the powers conferred by sub-section (14) of Section 11 of the Arbitrators and Conciliation Act, 1996 (Central Act 26 of 1996) and of all other powers enabling it in this behalf, the High Court of Kerala hereby makes the following rules, namely:-
- Short title, commencement and application.- (1) These Rules may be called the Kerala High Court (Fee Payable to Arbitrators) Rules, 2017.
(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.
- Fees of Arbitral Tribunal.- The fees payable to an Arbitral Tribunal consisting of less than three Arbitration (other than international Commercial Arbitrations) shall be in accordance with the scales specified in the Schedule A.
(2) The fees payable to an Arbitral Tribunal consisting of less than three Arbitrators in International Commercial Arbitral shall be in accordance with the scales specified in the Schedule B.
(3) Where the Arbitral Tribunal consists of three or more Arbitrators, the fee payable to each of the Arbitrators shall be one half of the scales prescribed in the Schedules.
- Sharing of Fees.- The Arbitrators fees payable under these rules shall be initially shared equally by the parties to the Arbitration, subject to the cost of the Arbitrations as may be finally determined by the Arbitral Tribunal.
- Manner of payment of Fees.- The Arbitral Tribunal may at the first sitting or while deciding the procedure to be followed may direct the parties as to the manner in which and the stages in which the fee as stated in the schedule is to be paid.
Schedule - A
| Sl.No. | Sum in Dispute | Fees |
| 1 | Upto L 5,00,000 | L 35,000 |
| 2 | Above L 5,00,000 and Upto L 20,00,000 | L 35,000 + 2.5% of the claim amount above Rs. 5,00,000 |
| 3 | Above L 20,00,000 and Upto L 1,00,00,000 | L 72,500 + 2% of the claim amount above Rs. 20,00,000 |
| 4 | Above L 1,00,00,000 and Upto L 10,00,00,000 | L 2,32,500 + 0.75% of the claim amount above L 1,00,00,000 |
| 5 | Above L 10,00,00,000 and Upto Rs. 20,00,00,000 | L 9,07,500 + 0.5% of the claim amount above L 10,00,00,000 |
| 6 | Above L 20,00,00,000 | L 14,07,500 + 0.25% of the claim amount above L 20,00,00,000 with a celling of L 25,00,000 |
Schedule - B
| Sl.No. | Sum in Dispute | Fees |
| (1) | (2) | (3) |
| 1 | Upto $ 50,000 or equivalent in Rupees | L 3,00,000 |
| 2 | From $ 50,001 and upto 1,00,000 or equivalent in Rupees | 6% of the additional amount |
| 3 | From $ 1,00,001 and upto $ 5,00,000 or equivalent in Rupees | 3.5% of the additional amount |
| 4 | From $ 5,00,001 and upto $ 10,00,000 or equivalent in Rupees | 2.5% of the additional amount |
| 5 | From $ 10,00,001 and upto $ 20,00,000 or equivalent in Rupees | 1.5% of the additional amount |
| 6 | From $ 20,00,001 and upto $ 50,00,000 or equivalent in Rupees | 0.75% of the additional amount |
| 7 | From $ 50,00,001 and upto $ 1,00,00,000 or equivalent in Rupees | 0.35% of the additional amount |
| 8 | From $ 1,00,00,001 and upto $ 5,00,00,000 or equivalent in Rupees | 0.15% of the additional amount |
| 9 | From $ 5,00,00,001 and upto $ 8,00,00,000 or equivalent in Rupees | 0.075% of the additional amount |
| 10 | From $ 8,00,00,001 and upto $ 10,00,00,000 or equivalent in Rupees | 0.03% of the additional amount |
| 11 | From $ 10,00,001 or equivalent in Rupees | 0.02% of the additional amount |