The unilateral enhancement/revision of fee by Arbitrator is not permissible in the eyes of law | No objection was raised on unilateral enhancement of fee, it does not amount to consent | The issue of bias has to be raised first before the Arbitral Tribunal at the earliest opportunity – SPML Infra Ltd. Vs. Power Grid Corporation of India Ltd. – Delhi High Court
December 5, 2024
Hon’ble Delhi High Court held that: (i) The unilateral enhancement of fee is not permissible in the eyes of law. (ii) Giving “consent” and having “no objection” may be two different things in particular circumstances. (iii) The issue of bias has to be raised first before the same tribunal at the earliest opportunity.