KNOW HOW MUCH ARBITRAL INSTITUTION CHARGES: ADMINISTRATIVE COST

According to the Explanation of Section 31A(1) of the Arbitration and Conciliation Act 'Costs' includes administration fees of the arbitral institution. If parties refer their dispute(s) to an arbitral institution, it is imperative to be acquainted with the administrative fees of the arbitral institution. The administrative costs are fixed by the arbitral institution in accordance with their respective rules. It is often postulated by experts that arbitration is cheaper than litigation. However, in most cases, alternative dispute resolution is not as cost effective as litigation. Therefore, the issue of administrative fees has to be considered before resolving the dispute(s) through arbitration. This write up is w.r.t. the administrative cost incurred during the arbitration proceedings. As guidance, the below brief describes the administrative fees of the institution supervising the arbitration.

Info Last Updated: May 11, 2019.

1. ASSOCHAM INTERNATIONAL COUNCIL OF ALTERNATIVE DISPUTE RESOLUTION (AICADR)

New Delhi

  Administrative Fees by AICADR

a) Registration of ADR case Rs.25,000/- payable in advance

b) Administrative fees 2% of amount in dispute including counter claim(s) if any payable in advance

c) All other facilities on cost On each occasion from time to time

 

Website: http://assocham.org/defaultpage.php?pageId=48 

AICADR Brochure: Link

2. BANGALORE INTERNATIONAL MEDIATION, ARBITRATION AND CONCILIATION CENTRE (BIMACC)

Bangalore

Administrative Cost:

DOMESTIC DISPUTES

l. No.	Value of Claim (In INR)	Administration fees (In INR)
1.	Upto5,00,000	12,500
2.	5,00,001 to 10,00,000	12,500	+ 500 per lakh or part
		thereof,exceeding 5,00,000
3.	10,00,001 to 25,00,000	15,000	+ 400 per lakh or part thereof,
		exceeding 10,00,000
4.	25,00,001 to 1,00,00,000	21,000	+ 300 per lakh or part thereof
		exceeding 25,00,000
5.	1,00,00,001 to 5,00,00,000	43,500	+ 10,000 per crore or part
		thereof exceeding 1,00,00,000
6.	5,00,00,001 to 10,00,00,000	83,500	+ 5000 per crore or part thereof
		exceeding 5,00,00,000
7.	10,00,00,001 to 50,00,00,000	1,08,500 + 3000 per crore or part
		thereof exceeding 10,00,00,000
8.	Over 50,00,00,000	2,28,500 + 2000 per crore or part
		thereof exceeding 50,00,00,000

Note: DOMESTIC ARBITRATION REGISTRATION FEES(Registration Fee should be remitted by the Claimant) Rs. 10,000 for two parties, Rs.3000 for each additional party, arrayed as respondent. CHALLENGES Rs.3000 per hour of time spent by the Registry for each challenge, payable by each of the parties who challenge.

INTERNATIONAL DISPUTES

Sl. No.	Value of Claim (In U.S. D)	Administration Fees(In U.S. D)
1.	Upto 50,000	1000
2.	50,001 to 100,000	1000	+ 2 % of the amount exceeding 50,000
3.	100,001 to 500,000	2000	+ 1 % of the amount exceeding 100,000
4.	500,001 to 1,000,000	6000	+ 0.4 % of the amount exceeding 500,000
5.	Over 1,000,000	8000	+ 0.2% of the amount exceeding 1,000,000

Note: INTERNATIONAL ARBITRATION REGISTRATION FEES U.S.D. 500 for two parties, U.S.D. 100 for each additional partyCHALLENGES U.S.D. 100 per hour of time spent by the Registry for each challenge, payable by each of the parties who challenge
Note: Wherever the administrative fee cannot be determined in monetary terms, the Registry will determine the fee in consultation with the concerned Neutrals.

Website: https://www.bimacc.org/

Arbitration Rules (Domestic and International): Link  

3. CONSTRUCTION INDUSTRY ARBITRATION COUNCIL 

New Delhi

Administration Fees:

Claim (or) Counter Claim (In Indian Rupees) Administration Fees (In Indian Rupees) Upto 50,000 5,500 50,001 to 1,00,000 5,500 + 1.5% excess over 50,000 1,00,001 to 5,00,000 7,000 + 1% excess over 1,00,000 5,00,001 to 10,00,000 15,000 + 0.7% excess over 5,00,000 10,00,001 to 20,00,000 22,000 + 0.45% excess over 10,00,000 20,00,001 to 50,00,000 31,000 + 0.22% excess over 20,00,000 50,00,001 to 1,00,00,000 44,200 + 0.13% excess over 50,00,000 1,00,00,001 to 5,00,00,000 57,200+ 0.05% excess over 1,00,00,000 5,00,00,001 to 8,00,00,000 97,200 + 0.03% excess over 5,00,00,000 8,00,00,001 to 10,00,00,000 1,15,200 + 0.02% excess over 8,00,00,000 Over 10,00,00,000 1,24,000 + 0.01% excess over 10,00,00,000 Note: The Claimant is to bear the Administration Fees for the Claim. If there is a Counterclaim, the Respondent has to bear the Administration Fees for the Counterclaim. If the Claim and/or Counterclaim is not quantified, the Registrar of CIAC would fix the Administration Fees. Please see Rule 34 of the CIAC Arbitration Rules that deals with ‘Deposits to Costs and Expenses’. A filing of Rs.5,000 each is to be paid by the Claimant and Respondent at the time of filing the Notice of Arbitration and Response to the Notice of Arbitration respectively (please see Rules 4.2 and 5.2 of the CIAC Arbitration Rules). Website: http://www.ciac.in/ CIAC Manual Arbitration Rules: Link

4. DELHI INTERNATIONAL ARBITRATION CENTRE 

New Delhi | Estd. 2009

 Administrative Cost:

Domestic Arbitration Administrative Cost

Not Available under DIAC (fee) Rules, 2018. However, the old administrative cost for domestic arbitration can be traced at "Cost and Fees Rules".

International Arbitration Administrative Cost

Fixed Fee	Rs.30,000/-(To be paid alongwith the request for arbitration)
From Rs.10,00,000/- to Rs 50,00,000/-	Rs. 30,000/- + 1% of the claim amount over and above Rs 10,00,000/-
From Rs.50,00,000/- to Rs 1,00,00,000/-	Rs. 70,000/- + 0.5% of the claim amount over and above Rs 50,00,000/-
From Rs.1,00,00,000/- to Rs 10,00,00,000/-   Over Rs. 10,00,00,000/-	Rs. 95,000/- + 0.25% of the claim amount over and above Rs 1,00,00,000/- Rs. 3,20,000/- + 0.15% of the claim amount over and above Rs 10,00,00,000/-

Note: Air fare and cost of stay in hotel of the member(s) of the Arbitral Tribunal are excluded, which are to be borne equally by the parties.
 

Arbitration Administrative Cost Emergency Arbitration

Fixed Fee Rs. 5,00,000/-

Note: Air fare and cost of stay in hotel of the member(s) of the Arbitral Tribunal are excluded, which are to be equally borne by the parties.
Note: In addition to the foregoing, the parties shall be required to pay a sum of Rs. 3,500/- per day for use of facilities of the DIAC on the days the Arbitral Tribunal holds its sittings. (International Arbitration and Emergency Arbitration)
Website: http://www.dacdelhi.org
Arbitration Proceedings Rules: Link

5. INDIAN COUNCIL OF ARBITRATION

New Delhi | Estd. 1965

Administrative Cost:

Domestic Arbitration Registration Fees

              a. Upto Rs. 1 crore: Rs. 15,000 + taxes

              b. Above Rs. 1 crore: Rs. 30,000 + taxes

International Commercial Arbitration Registration Fees 

$ 1650 + taxes 

Website: http://www.icaindia.co.in/
Rules of Domestic Arbitration: Link
Rules of International Commercial Arbitration: Link 

6. INDIAN INSTITUTE OF ARBITRATION & MEDIATION

 Kerala | 2001

Administrative Cost: 

SMALL CAUSE DOMESTIC ARBITRATION (For Claims less than Rs. 5 lakhs)

REGISTRATION CHARGES

Filing Fee:

Arbitration: Rs. 2500.00

Arb-Med-Arb: Rs. 4000.00

Consultation / Orientation Fee: Rs. 2000.00(If availed)

Filing of Applications:

Interpretation, correction or additional Award: Rs. 1500.00

Scrutiny of Award: Rs. 2500.00

DOMESTIC ARBITRATION (For Claims more than Rs. 5 lakhs)

REGISTRATION CHARGES

Filing Fee:

Arbitration: Rs. 5000.00

AMA Procedure: Rs. 6500.00

Consultation / Orientation Fee: Rs. 2500.00(If availed)

Filing of Applications:

Interpretation, correction or additional Award: Rs. 3500.00

Scrutiny of Award: Rs. 5000.00

IIAM Administrative fees

Quantum of Claim (In Indian Rupees)	Administrative Fee (In Indian Rupees)
upto 3,00,000.00	20,000.00
From 3,00,001.00 to 5,00,000.00	30,000.00
From 5,00,000.00 to 25,00,000.00	15,000.00 plus 1250.00 per one lakh or part thereof.
From 25,00,000.01 to 1,00,00,000.00	40,000.00 plus 750.00 per one lakh or part thereof.
From 1,00,00,000.01 to 10,00,00,000.00	96,250.00 plus 200.00 per one lakh or part thereof.
From 10,00,00,000.01 to 25,00,000.00	2,76,250.00 plus 125.00 per one lakh or part thereof.
More than 25,00,00,000.00	4,63,475.00 plus 75.00 per one lakh or part thereof with a ceiling of 10,00,000.00
Note: 1. In case of Fast Track Arbitration, the fee will be 80% of the above Fee schedule 2. For disputes which cannot be quantified, the fee will be finalised by IIAM based on the facts Note: For disputes which cannot be quantified, the fee will be finalised by IIAM based onthe facts

INTERNATIONAL ARBITRATION

REGISTRATION CHARGES

Filing Fee:

Arbitration: US$ 500.00

AMA Procedure: US$ 675.00

Filing of Applications:

Interpretation, correction or additional Award: US$ 150.00

Scrutiny of Award: US$ 300.00

IIAM Administrative fees

Quantun of Claim (in US$)	Administrative Fee (in US$)
upto 50,000.00	2000.00
From 50,001.00 to 500,000.00	2000.00 plus 0.75% excess of 50,000.00
From 500,001.00 to 1,000,000.00	5375.00 plus 0.35% excess of 500,000.00
From 1,000,001.00 to 5,000,000.00	7125.00 plus 0.10% excess of 1,000,000.00
From 5,000,001.00 to 10,000,000.00	11,125.00 plus 0.05% excess of 5,000,000.00
More than 10,000,000.00	13,625.00 plus 0.02% excess of 10,000,000.00 with a ceiling of 25,000.00
Note: For disputes which cannot be quantified, the fee will be finalised by IIAM based onthe facts

Website: https://www.arbitrationindia.com/
IIAM Administrative Fees: Link

7. INTERNATIONAL & DOMESTIC ARBITRATION CENTRE INDIA (IDAC INDIA) 

Mumbai | Vadodara

Administrative Cost:

Sum in dispute		Filing Fees	Administrative Fees
UptoRs. 5,00,000/-	---	Rs. 3,000/-	2.5% of the Claim Amount
Above Rs. 5,00,000/- and		Rs. 5,000/-	2% of the Claim Amount
	---
uptoRs. 20,00,000/-
Above Rs. 20,00,000/- and
uptoRs. 1,00,00,000/-	---	s. 7,500/-	1.5% of the Claim Amount
Above Rs. 1,00,00,000/-
and uptoRs.	---	Rs. 10,000/-	1% of the Claim Amount
10,00,00,000/-
Above Rs. 10,00,00,000/-
and uptoRs.	---	Rs. 15,000/-	0.5% of the Claim Amount
20,00,00,000/-
Above Rs. 20,00,00,000/-	---
		Rs. 20,000/-	0.25% of the Claim Amount

Note: The Filing Fee and Administrative Fee will be paid along with the application for appointment of an Arbitrator by a Cheque drawn in Favour of IDAC INDIA. The Manner of Payment of Arbitrators fee will be informed Separately
Note: GST will be as per applicable law

Website: http://www.idacindia.org 

Rules of Domestic Arbitration: Link

8. INTERNATIONAL CENTRE FOR ALTERNATIVE DISPUTE RESOLUTION

Administrative Cost:

DOMESTIC COMMERCIAL ARBITRATION

Administrative fees:
referred to in rule 37(1) and 37(2)
    (1) Fee referred to in rule 37 (1)-
(ICADR acts as appointing authority and administrator)

Amount in Dispute

(in rupees)

1. ) where the total amount in dispute does not exceed Rs. 5 lakh

ii) where the total amount in dispute ex-ceeds Rs. 5 lakh but does not exceed Rs. 20 lakh

iii)where the total amount in dispute ex-ceeds Rs. 20 lakh but does not exceed Rs. 1 crore

iv) where the total amount in dispute ex-ceeds Rs. 1 crore but does not exceed Rs. 10 crore

v) where the total amount in dispute exceeds Rs. 10 crore but does not exceed Rs. 20 crore

vi) where the total amount in dispute exceeds Rs. 20 crore

Amount of fee

(in rupees)

Rs. 22,500.

Rs. 22,500 plus 1.75 per cent. of the amount by which the total amount in dispute exceeds Rs. 5 lakh

Rs. 48,750 plus 1.5 per cent. of the amount by which the total amount in dispute exceeds Rs. 20 lakh

Rs. 1,68,750 plus 0.75 per cent. of the amount by which the total amount indispute exceeds Rs. 1 crore

Rs. 8,43,750 plus 0.5 per cent. of the amount by which the total amount in dispute exceeds Rs. 10 crore

Rs. 13,43,750 plus 0.25 per cent. of the amount by which the total amount in dispute exceeds Rs. 20 crore with a ceiling limit of Rs. 15 lakhs

Note: Where dispute cannot be expressed in terms of money or the total amount in dispute is below Rs. 2 lakh, the Secretary-General shall determine the amount of administrative fees, in his discretion, in each case.
Note: Non-refundable fee referred to in rule 37 (2) (ICADR acts only as appointing authority) Rs. 15,000
          DOMESTIC NON-COMMERCIAL ARBITRATION
Administrative fees:
referred to in rule 37(1) and 37(2).
      (1) Fee referred to in rule 37(1)
(ICADR acts as appointing authority and administrator)

Where the dispute can be expressed in terms of money, the administrative fees will be the same as applicable for domestic commercial arbitration.
 
Note: Where the dispute cannot be expressed in terms of money or the total amount in dispute is below Rs. 2 lakh, the Secretary-General shall determine the amount of administrative fee, in his discretion in each case.

      (2) Non-refundable fee referred to in rule 37(2).
(ICADR acts only as appointing authority)

Rs.15,000
          INTERNATIONALCOMMERCIAL ARBITRATION
Administrative fee:
referred to in rule 37 (1) and 37(2)
(1) Fee referred to in rule 37 (1)-

(ICADR acts as appointing authority and administrator).

	Amount in dispute				Amount of fee
		(in US dollars)			(in US dollars)
(i) where the		total amount in dispute		$ 1,500
does not		exceed $ 50,000
(ii)where the total amount in dispute				$1,500 plus 3 per cent. of the amount by
exceeds $50,000 but does not exceed				which the total amount in dispute exceeds
$1,75,000				$50,000
(iii)where the total amount in dispute				$5,250 plus 2 per cent. of the amount by
exceeds $1,75,000 but does not				which the total amount in dispute exceeds
exceed $5,00,000				$1,75,000
(iv)where the total amount in dispute				$11,750 plus 1 per cent. of the amount by
exceeds $5,00,000 but does not				which the total amount in dispute exceeds
exceed $10,00,000				$5,00,000
(v)where the total amount in dispute				$16,750 plus 0.5 per cent. of the amount
exceeds $10,00,000 but does not				by which the total amount in dispute
exceed $20,00,000				exceeds $10,00,000.
(vi)where the total amount in dispute				$21,750 plus 0.25 per cent. of the amount
exceeds $20,00,000 but does not				by which the total amount in dispute
exceed $50,00,000				exceeds $20,00,000
(vii)where the total amount in dispute				$29250 plus 0.125 per cent. of the
exceeds $50,00,000				amount by which the total amount in
				dispute exceeds $50,00,000 with a ceiling
				of $35,000.

Note:Where dispute cannot be expressed in terms of money, the Secretary-General shall determine the amount of administrative fees, in his discretion, in each case.
Note: Non-refundable fee referred to in rule 37(2) (ICADR acts only as appointing authority) US $ 1000

Website: http://icadr.nic.in/

The ICADR Arbitration Rules, 1996: Link

9. MUMBAI CENTRE FOR INTERNATIONAL ARBITRATION

 Administrative Cost:

CASE FILING FEE (Non-Refundable)

Rs.40,000*

ADMINISTRATION FEES

The administration fees calculated in accordance with the Schedule below apply to all arbitrations administered by MCIA and is the maximum amount payable to MCIA.

Sum in Dispute (INR)	Minimum Fee (INR)	Maximum Fee (INR)
Up to 5,00,000	1,10,000	1,10,000
5,00,001 to 10,00,000	1,10,000	1,10,000
10,00,001 to 20,00,000	1,10,000	1,10,000 + 1.5% over 10,00,000
20,00,001 to 50,00,000	1,10,000	1,25,000 + 1.5% over 20,00,000
50,00,001 to 1,00,00,000	1,10,000	1,70,000 + 1.4% over 50,00,000
1,00,00,001 to 5,00,00,000	1,10,000	2,40,000 + 0.85% over 1,00,00,000
5,00,00,001 to 10,00,00,000	1,10,000	5,80,000 + 0.5% over 5,00,00,000
10,00,00,001 to 20,00,00,000	1,10,000	8,30,000 + 0.22% over 10,00,00,000
20,00,00,001 to 50,00,00,000	1,10,000	10,50,000 + 0.22% over 20,00,00,000
50,00,00,001 to 100,00,00,000	1,10,000	17,10,000 + 0.09% over 50,00,00,000
1,00,00,00,001 to 500,00,00,000	1,10,000	21,60,000 + 0.05% over 1,00,00,00,000
500,00,00,001 to 1000,00,00,000	1,10,000	41,60,000
1000,00,00,001 to 5000,00,00,000	1,10,000	41,60,000
Above 5000,00,00,000	1,10,000	41,60,000

The administration fees do not include the following:

• Fees and expenses of the Tribunal
• Usage cost of facilities and support services for and in connection with any hearing (e.g. hearing rooms and equipment, transcription and interpretation services etc.)
• Out of pocket expenses
• * Taxes as applicable

EMERGENCY INTERIM RELIEF FEES

The following fees shall be payable in an Emergency Interim Relief application under Rule 14 of the Arbitration Rules of the MCIA:

• 1. Administration Fee for Emergency Arbitrator Applications: Rs.80,000*
• 2. Emergency Arbitrator’s Fees: The Emergency Arbitrator’s fees shall be capped at 20% of a sole arbitrator’s maximum fee calculated in accordance with the Schedule of Fees in force at the time of commencement of the arbitration, but shall be not less than Rs. 300,000.

 

Website: https://mcia.org.in/

MCIA Rules, 2016: Link

Calculate Your Fees for MCIA.

10. NANI PALKHIVALA ARBITRATION CENTRE

Administrative Cost:

Domestic Arbitration

Sum in Dispute	Registration		Administration	Reading
(In Rs.)	Fee		Expenses	Fees
Up to Rs.5,00,000/-	Rs. 1,000/-		Rs. 10,000/-	Rs.5,000/-
From Rs.5 Lac One to	Rs. 2500/-		Rs. 20,000/- +	Rs.25,000/-
Rs. 25 Lac			Rs.1,000/- per Lac
			above Rs.5 Lacs
(Rs. 5,00,001 to			Up to a Ceiling of
25,00,000)			Rs. 40,000/-
From Rs. 25 Lac One	Rs.5,000/-		Rs.40,000/-+Rs. 750/-	Rs.50,000/-
to			per Lac above Rs.25
Rs. 1 Crore			Lacs
(Rs. 25,00,001 to			Up to a Ceiling of
10,000,000)			Rs. 96,250/-

From Rs. 1 Crore one	Rs.10,000/-		Rs.96,250/-+Rs.5,000/	Rs.75,000/-
to			per Crore above Rs.1
Rs. 5 Crore			Crore
( 10,000,001 to			Up to a Ceiling of
50,000,000)			Rs. 1,16,250/-
From Rs. 5 Crore One	Rs.12,500/-		Rs.	Rs.75,000/-
to			1,16,250/+Rs.5000/-
Rs. 10 Crore			Per Crore above Rs.5
			Crores
(50,000,001 to			Up to a Ceiling of
100,000,000)			Rs. 1,41,250/-
From 10 Crore and	Rs.15,000/-		Rs. 1,41,250+	Rs.1,00,000/-
above			Rs.5000/-
Rs.100,000,000/-			per crore above Rs.10
			Crores.

Note: The above fees, costs and expenses shall not be applicable to intern ational arbitrations. In such arbitrations, the fees, costs and expenses shall be determined by the Centre in consultation with the Arbitral Tribunal and the same will be fixed at the first sitting of the Arbitral Tribunal.

Website:  http://www.nparbitration.com/

NPAC Rule Book: Link

KINDLY LET ME KNOW IF ABOVE INFORMATION REGARDING ANY ARBITRAL INSTITUTION REQUIRES ANY CORRECTION.