In S.B. Civil Writ No. 6074/2018, Doshion Private Limited vs Hindustan Zinc Limited, the fee demanded by the arbitrator, a retired HC judge, was in excess of the fee prescribed as per Schedule IV of the Arbitration & Conciliation Act. The High Court as per notification issued on March 23, 2017, had notified the fee slab,which was given effect from October 23, 2015.
The Rajasthan High Court terminated the mandate of an arbitrator for charging exorbitant fee beyond the prescribed limit and held that charging of fee in excess of the prescribed rates amounted to de facto disqualification under Section 14(1)(a) of the Act, rendering the mandate of the arbitrator liable to be terminated.
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