(4) Notwithstanding the provisions in Sub-Rule (2) of this Rule, the Committee/Chairman of the Committee may prescribe the Arbitrator's fees and the Administrative fees of the Council at a figure higher than those prescribed in the said Sub-Rules, if in the exceptional circumstances of the case this appears to be necessary
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(5) Notwithstanding the provision in Sub-Rule (2) hereinabove, in arbitration cases to which Rule 39 applies, the Arbitrator's fee and the Administrative fee of the ICA will be fixed by computing the fee applicable to larger claim in addition to 60% of the applicable fees of all claims being tried jointly. Provided that the Committee will have power to prescribe the Arbitrator's Fee and Administrative Fee under this Sub-Rule in any other manner, having regard to the nature and facts of the matters under reference.
Rule 32
Other expenses : The arbitrator may be paid an amount of Rs. 250/towards local conveyance for attending each arbitration hearing in the city of his residence. In respect of join trial, the hearing will be treated as one irrespective of the number of cases. Any traveling and other expenses incurred by the arbitrator or the Registrar for attending the arbitration hearings in a city other than the place of residence shall also be reimbursed to him as provided hereinafter. All the above expenses shall form part of the arbitration costs.
Rule 33
(1) An arbitrator who has to travel shall be paid traveling expenses by air or rail (air conditioned wherever available) or car (when neither air nor rail transport is available) at actual. In addition, he may be paid out-of-pocket expenses at actuals for boarding, lodging and local transport subject to maximum of Rs. 6,000/- per day in metropolitan towns, Rs.3,000/- in class A cities and Rs. 2,000/- in other cities. An arbitrator who makes his own arrangements for boarding, lodging, local transport etc. may be paid out of pocket expenses at the rate of Rs.1, 000/- per day, without production of vouchers. The limits for stay of the Registry officials will be of those applicable to arbitrators.
(2) The cost to be incurred on payment of expenses referred to in Sub Rule (1) to an arbitrator nominated by a party will be borne and paid by the party nominating the arbitrator. However, if an appointed arbitrator changes his residence after his nomination by a party, he will not be entitled to reimbursement of any enhanced expenses for
attending the arbitration hearing, unless the party no hating him agrees to reimburse the same to him.
The expenses payable to the third arbitrator or sole arbitrator appointed by the Council under Rule 23(a) & (b) will be borne and paid by both the parties in proportional or in such other manner as may be determined by the Arbitral Tribunal.
Rule 34
Where the arbitration proceedings under an adhoc arbitration or under the rules of arbitration of any other arbitral organization or otherwise are administered by the Council wholly or in respect of some matters arising out of such arbitration, the Council may charge an appropriate fee for such administration and other services
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