Law and justice explained
Who pays arbitrator fees and what if the fees are disputed?
Fees may follow the contract, institutional rules, an agreed schedule and applicable statutory provisions. Advance deposits and the final allocation of costs are different questions.
Written by
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur
Key points
- Who pays arbitrator fees and what if the fees are disputed?
- Direct answer Fees may follow the contract, institutional rules, an agreed schedule and applicable statutory provisions.
- Advance deposits and the final allocation of costs are different questions.
Detailed analysis
Understanding law and procedure
Who pays arbitrator fees and what if the fees are disputed?
Direct answer
Fees may follow the contract, institutional rules, an agreed schedule and applicable statutory provisions. Advance deposits and the final allocation of costs are different questions.
Legal position and important distinctions
Section 38 deals with deposits for costs and consequences of non-payment.
The Fourth Schedule and judicial fee principles require context; one universal tariff should not be assumed.
How the situation works in practice
- Section 31A costs allocation can take account of conduct and outcome.
- For disproportionate fees, examine the institution's or court's available remedy.
Practical next steps
- Obtain the fee order and clause.
- Separate advances, hearing charges and administration fees.
- Raise a reasoned written objection and propose an appropriate schedule.
Avoid this common mistake
Equal advance payments do not mean the final award must allocate costs equally.
Official legal source and disclaimer
India Code — Arbitration and Conciliation Act, 1996
General legal information only. The result depends on the agreement, applicable amendments, dates, jurisdiction and record. This is not individual legal advice or a promise of success; verify the current law and binding decisions before publication or action.
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About the author
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur।
Publishes informational articles on Indian law, judicial decisions and practical legal issues.
Editorial note: Analysis and commentary reflect the author’s understanding and opinion. Law, facts and judicial developments may change; check primary sources and your own circumstances before acting.