Arbitrators Cannot Pass Binding And Enforceable Orders Unilaterally Determining Their Fees: Delhi High Court

The Delhi High Court ruled that arbitrators cannot unilaterally set their fees unless expressly agreed upon by the parties. The court observed that such unilateral actions violate transparency and fairness principles in Alternate Dispute Resolution (ADR). It emphasized that arbitration agreements must comply with statutory provisions under the Arbitration and Conciliation Act, ensuring mutual consent in fee determination. The judgment promotes accountability and equitable practices in arbitration, safeguarding parties’ interests.