Delhi High Court Dismisses Plea Challenging Recalculation Of Arbitral Fees, Upholds Separate Fee Calculation For Claims & Counterclaims

The Delhi High Court dismissed a petition challenging the recalculation of arbitral fees, upholding the separate fee calculation for claims and counterclaims. The court held that the arbitral tribunal correctly applied the IVth Schedule of the Arbitration and Conciliation Act, 1996, in recalculating the fees. The dispute arose from an arbitration proceeding where the petitioner sought recovery of ₹44,69,864, and the respondent filed a counterclaim of ₹2 crores. The court noted that invoking Section 39 (2) of the Act was premature since no award had been made, and the recalculated fees were in line with the Supreme Court’s judgment in Oil and Natural Gas Corporation Ltd. v. Afcons Gunanusa JV.