For IIAM ADR services, fees are chargeable under the relevant IIAM Rules. Following guidelines may be seen before initiating IIAM ADR Services.

Costs of Mediation

The party or parties filing a Request for mediation shall include with the Request a non-refundable registration fee to cover the costs of processing the Request for mediation. No Request for mediation shall be processed unless accompanied by the requisite payment. 

The costs of the mediation include the fees and expenses of the mediator(s) and the IIAM administrative fees and expenses fixed by IIAM in accordance with the Fee schedule in force or at its discretion depending on the tasks carried out by IIAM. 

The Mediator fees are managed by IIAM and fixed on the basis of the relevant Fee schedule, taking into consideration the time spent, the rapidity of the proceedings and the complexity of the dispute. The Fee schedule provides a minimum and a maximum for one mediator. The fees of the Mediator shall be calculated on the basis of the time reasonably spent by the Mediator in the mediation proceedings. Such rate shall be reasonable in amount and shall be determined in light of the complexity of the dispute and any other relevant circumstances. Separate fee arrangements between the parties and the mediator(s) are contrary to the Rules. 

Costs of Negotiation-Settlement

The party or parties filing a Request for negotiation - settlement at the time of entering into an MOU, after the initial feasibility study, remit a non-refundable registration fee. The party shall also bear the actual out-of-pocket expenses incurred by IIAM towards the negotiation - settlement initiatives. The fee shall be fixed on mutual consensus at the time of entering into MOU, depending on the task to be carried out by IIAM. The registration fee and Negotiation - Settlement fee shall be fixed on the basis of the relevant Fee Schedule.

Costs of Arbitration

The costs of the arbitration include the filing fee, the fees and expenses of the arbitral tribunal and the IIAM administrative fees and expenses fixed by IIAM in accordance with the Fee schedule in force, as well as the fees and expenses of any experts appointed by the Arbitral Tribunal and the reasonable legal and other costs incurred by the parties for the arbitration.

IIAM charges fees for its services as set forth in the Fee Schedule in effect at the time of case submission for arbitration. This fee schedule may be changed without notice.

To calculate the administrative expenses and the arbitral tribunal’s fees, the amounts calculated based upon the quantum of each claim or counterclaim as disclosed when the claim or counterclaim is filed or an estimate thereof.

The Administrator may assess additional fees for arbitrations conducted outside IIAM territorial limits or involving Parties from more than one country.

The arbitral tribunal's fees are managed by IIAM and fixed on the basis of the relevant Fee schedule, taking into consideration the time spent, the rapidity of the proceedings and the complexity of the dispute. Based on the amount in dispute, the Fee schedule provides a minimum and a maximum for one arbitrator.

The fees are multiplied by the number of arbitrators up to a maximum, which shall normally not exceed three times the fees of one arbitrator. In case of necessity due to exceptional circumstances, IIAM may fix the fees of the arbitral tribunal at a figure higher or lower than that which would result from the application of the relevant Fee schedule should this be deemed necessary due to the exceptional circumstances of the case. Decisions on costs other than those fixed by IIAM may be taken by the Arbitral Tribunal at any time during the proceedings. Where the sum in dispute is not stated, IIAM fixes the arbitrators' fees at its discretion.

The arbitrator’s fees and expenses shall be fixed exclusively by IIAM as required by the Rules. Separate fee arrangements between the parties and the arbitral tribunal are contrary to the Rules. 

No additional fees may be charged by an arbitral tribunal for interpretation or correction of its award.

IIAM Administrative Fees

The administrative fees of IIAM are based on the amount of the claim or counterclaim. The administrative fees represent the fee charged by IIAM for the administration of arbitration or mediation, as the case may be. Each request is accompanied by a registration fee or filing fee as per the Fee schedule. IIAM fixes the administrative fees on the basis of the Fee schedule set out in the Rules, or, where the sum in dispute is not stated, at its discretion. In exceptional circumstances, IIAM may fix the administrative fees at a lower or higher figure than that which would result from the application of the Fee schedule. The administrative fees do not cover the rental of hearing rooms.

Fees and Expenses for Expert(s)

In those cases where an expertise is ordered by the Arbitral Tribunal, the Arbitral Tribunal fixes the fees and expenses of the expert(s) and is responsible for the management and payment of such fees and expenses by the parties. The costs of expertise are not covered by the advance on costs required by IIAM, although IIAM may administer the accounts as a service to the Arbitral Tribunal.

Before any expertise ordered by the Arbitral Tribunal can be commenced, the parties, or one of them, shall pay an advance on costs fixed by the Arbitral Tribunal sufficient to cover the expected fees and expenses of the expert as determined by the Arbitral Tribunal to IIAM.

Legal Costs

The cost of legal representation and the other costs incurred by the parties for arbitration or mediation are not covered in the IIAM Fee Schedule. These are to be borne by the respective parties who take legal service. These expenses can be included in the costs of the arbitration as fixed by the Arbitral Tribunal in the Award.

Filing Fee and Service Fee

An initial filing fee is payable in full by a filing party when a claim is filed. A party shall also file a filing fee when a counterclaim, cross-claim, third-party claim or additional claim is filed. A case service fee will be incurred for all cases that proceeds to hearing other than a document hearing.

Scrutiny Fee

A Scrutiny fee is payable for scrutiny of awards under the Rules. Unless otherwise agreed by the parties, for all awards more than Rs. 50 lakhs claim there would be mandatory scrutiny. For all other awards scrutiny can be requested by agreement of parties.

Fee for Appointing Authority

A fee is payable by the requesting party in respect of each request made to IIAM as an appointing authority to appoint an arbitrator or mediator for any arbitration or mediation.

Fee for Request Orders

A fee as prescribed in the Fee schedule is payable by the requesting party, along with the Request for any orders or other relief on administrative or procedural matters.

Rental of Hearing Rooms

The rent for hearing rooms for arbitration or mediation shall be paid by the parties to IIAM as incurred. If the conference room of IIAM is utilized for the same, rental as per the Fee schedule shall be paid.

Small Causes

IIAM provides for a separate Arbitration Fee Schedule for Small Causes, which is at present fixed for claims less than Rs. 3 lakhs.

Provisional Advance

After a review of the Request, IIAM normally requires the Claimant to pay a provisional advance in an amount intended to cover the costs of the arbitration until the Terms of Reference have been drawn up. This advance shall normally not exceed the amount obtained by adding together (1) the administrative fees resulting from the Fee schedule, (2) the minimum on the scale of arbitral tribunal’s fees, and (3) the expected expenses of the Arbitral Tribunal. These calculations are made on the basis of the Claimant's claim only.

Advance on Costs

The IIAM advance on costs system is designed to ensure that an arbitration may proceed as soon as the relevant fees and expenses of the arbitral tribunal and IIAM are covered. The advances do not cover legal costs nor the fees and expenses of an expert. A Party may not file a Claim or proceed with an arbitration unless the fees provided in the Fee Schedule are timely paid to IIAM. Fees are not refundable, except as otherwise provided by the IIAM Rules.

As soon as practicable, IIAM shall fix the advance on costs in an amount likely to cover the fees and expenses of the arbitrators and the administrative costs for the claims and counterclaims which have been referred to it by the parties. This amount may be subject to readjustment at any time during the arbitration. Where, apart from the claims, counterclaims are submitted, IIAM may fix separate advances on costs for the claims and the counterclaims. 

The advance on costs fixed by IIAM shall be payable in equal shares by the Claimant and the Respondent. However, any party shall be free to pay the whole of the advance on costs in respect of the principal claim or the counterclaim should the other party fail to pay its share. 

If the deposits requested are not paid in full within thirty (30) days after the receipt of the request, IIAM shall so inform the parties, in order that one or the other of them may make the required payment. If such payments are not made, the arbitral tribunal may order the suspension or termination of the proceedings.