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

Orion Steel's challenge to arbitrator Mr Bose failed. After the award, Orion's Section 34 application succeeded on the ground of Mr Bose's lack of independence, and the award was set aside. Mr Bose now claims his fees. Under Section 13, what is the position?

The Court may decide whether Mr Bose is entitled to any fees. Section 13(6) gives the Court this power when an award is set aside on the application of the party who challenged the arbitrator. Fees are neither automatically payable nor automatically forfeited.

  1. AMr Bose is automatically entitled to full fees
  2. BMr Bose forfeits all fees by operation of law
  3. CThe Court may decide whether the challenged arbitrator is entitled to any feesCorrect
  4. DThe other party alone decides the fees

Explanation

Section 13(6) provides that where an award is set aside on an application made under Section 13(5), the Court may decide whether the challenged arbitrator is entitled to any fees. Neither full entitlement nor automatic forfeiture follows by law; the matter is left to the Court's decision.

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