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CS Professional · Arbitration, Mediation and Conciliation · Challenge to Award and Appeals

Harbour Logistics challenged an arbitrator, and the tribunal rejected the challenge. The tribunal made an award against Harbour, and the Court later set the award aside on Harbour's application relying on the failed challenge. The arbitrator now claims his full fees. What does the Act provide?

The Court that sets the award aside may decide whether the challenged arbitrator is entitled to any fees. Neither full payment nor forfeiture follows automatically; the matter is left to the Court's decision.

  1. AThe arbitrator is automatically entitled to full fees
  2. BThe arbitrator forfeits all fees automatically
  3. CThe Court may decide whether the challenged arbitrator is entitled to any feesCorrect
  4. DThe other party must pay the fees whatever the Court decides

Explanation

Where the award is set aside on an application made under the section 13(5) route, the Court may decide whether the challenged arbitrator is entitled to any fees. Entitlement is neither automatic nor automatically forfeited. The Court has the discretion.

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