Lisbon Court of Appeal | Arbitrators’ Fees | 14-07-2016 | Case #0015

Lisbon Court of Appeal
Date: 14-07-2016
Case Nr. 660/16.0YRLSB-2
LINK DGSI

Headline:

In the absence of a prior agreement of the parties, arbitrators can decide on their own fees. 

Summary:

1. As per Art. 17 (2) of the Voluntary Arbitration Act (VAL), in the absence of an agreement between the parties, the arbitrators can decide their own fee.

2. In determining the quantum of the fee, it is necessary to consider the nature and complexity of the proceedings, nature of claims, technical capabilities of the arbitrators, time spent by them, etc. This is to be weighed alongside concerns of proportionality and fairness.

This case summary was kindly prepared by Sameer Thakur (sameerthakur@live.in, NALSAR University of Law), Rishabh Raheja, (rishabharaheja@gmail.com, NALSAR University of Law), and Abhishek Babbar (abhishekbabbar1996@gmail.com).

 

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