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ONGC says arbitrators overcharging; urges Supreme Court to repair uniform prices

Reveal-owned vitality conglomerate ONGC, by Lawyer General for India KK Venugopal, on Tuesday entreated the Supreme Court to repair uniform prices for arbitrators in India on the bottom that in some fresh conditions they’d asked for too a lot after agreeing to the fee agenda under the 1996 Act.

The Arbitration Act has a cap of ₹30 lakh on arbitration prices to be charged in a single topic.

Senior advocate Abhishek Manu Singhvi, representing engineering firm Afcons in a dispute with ONGC under arbitration, stated this cowl translated into a measly ₹30,000 as prices per sitting if 100 such sittings were required to resolve the difficulty.

“How will you search info from retired judges to work at ₹30,000?” he argued.

He in its set accused ONGC of delaying the arbitration most efficient since it needn’t pay any curiosity on delayed payments.

The danger arises when the cap is ₹30 lakh but ONGC desires 80 more sittings, SInghvi stated. He furthermore accused ONGC of stalling any virtual sittings in the final 2 years.

Nonetheless, ONGC contended that the exorbitant prices being charged by arbitrators would raze India as an arbitration hub.

The AG stated that in some conditions, the arbitrators after agreeing to the agenda of costs prescribed in the Act, had mounted prices for themselves charging ₹1 lakh to ₹1.5 lakh per sitting, moreover reading prices of ₹6,00,000 and additional prices as conference charges.

This capacity that, their daily prices move up to ₹3 lakh per day, he contended.

Equipped that arbitration in a lot commercial conditions involves multiple sittings and a really long time, in some conditions the general prices per arbitrator goes up to ₹80-85 lakh, he argued.

Venugopal stated that frequently the opposite occasion, basically private claimants, in an arbitration were more than willing to pay such prices, but Indian firms, particularly PSUs, flee into complications with the CAG if they pay more than the mounted payments.

ONGC, he stated, became once in a predicament as it had to face CAG audits and had to acknowledge why such extensive prices were being paid to arbitrators on one hand, or flee the possibility of prejudicing the arbitrators if it refused to pay their prices.

He cited a judgement by Justice R.F. Nariman which stated arbitrators must recuse themselves from accepting any arbitration work on the outset if they’ll not collect the fee agenda mounted in the Act.

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