1. Title -

These rules may be called the Delhi International Arbitration Centre (Administrative Costs & Arbitrators' Fees) Rules, 2018 [for short, DIAC (Fee) Rules].

2. Administrative Costs -

The Administrative costs payable by the Parties shall be determined in accordance with the scales specified in Schedule 'A' to these rules. The scales of the Administrative charges shall be decided by the Chairperson, from time to time.

3. Arbitrators' Fees -

(i)  The fees payable to the Arbitrators shall be determined in accordance with the scales specified in Schedules 'B, C, D & E' to these rules.

(ii)  The fee shall be determined and assessed on the aggregate amount of the Claim(s) and Counter Claim(s).

PROVIDED that in the event of failure of party to arbitration to pay its share as determined by the Centre, on the aggregation of Claim(s) and Counter Claim(s), the Centre may assess the Claim(s) and Counter Claim(s) separately and demand the same from the parties concerned.

PROVIDED FURTHER that for the purposes of valuation or quantification of the Claims, the Centre shall be governed by the laws of India, and the principles governing the valuation of claims before the Courts of Civil Jurisdiction.

PROVIDED FURTHER that in case of undervaluation or where the value is not determinable in pecuniary terms, the Co-ordinator would be entitled to assess and demand the revised fee on the basis of assessment and to decide the objections, if any, relating to the quantification or valuation.

4. Parties to share equally the Administrative Costs and the Fees of the Arbitrator -
(i)  The Administrative Costs and the Arbitrators' fees set forth in these Rules shall be initially shared equally by the parties, subject to the cost of arbitration as may be finally determined by the Arbitral Tribunal.

(ii)  The fee, costs and expenses, determined by the Centre, shall be payable entirely in advance.

5. Miscellaneous Expenses -

Miscellaneous Expenses likely to be incurred during arbitration shall be determined by the Coordinator and shall be paid equally by the parties.

6. Accounts -

The Coordinator may maintain an account of the Administrative Costs and Miscellaneous Expenses and for which the Coordinator shall be entitled to open and operate a bank account with a scheduled nationalized bank. Chief cashier to maintain account's book of the centre under the supervision of Coordinator.

7. Administrative Costs, Miscellaneous Expenses and Arbitrators’ Fees when Proceedings Terminate -

(i)   Arbitrators' Fees shall be payable when proceedings are terminated, withdrawn or settled.

(ii)  In the event of the arbitration being terminated, withdrawn or settled, the Coordinator, in consultation with the Chairperson shall fix the quantum of fees payable to the Arbitrator(s). The Coordinator shall take into account the stage at which the arbitration proceedings stood terminated and the extent of work done or time spent by the Arbitrators on the matter.

PROVIDED that no separate fee or charges shall be payable to the Arbitral Tribunal in relation to any Application under Section 17 or Section 33 of the Arbitration and Conciliation Act, 1996.

(iii)  Unless otherwise directed by the Court or except in case of de novo trial directed by the Court, the Arbitral Tribunal shall not be entitled to fresh fee in the event the award is set aside and remanded to the same Arbitral Tribunal for consideration.

(iv)  The Administrative Costs and Miscellaneous Expenses paid by the parties shall not be refundable, under any eventuality.

8. Amendment of Rules -
These Rules may be amended by the Chief Justice of the Delhi High Court, in consultation with the Arbitration Committee.

9. Residuary Provision -
The Arbitration Committee may take appropriate decisions, as it considers necessary in respect of all matters which are not specifically provided in these Rules.