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Supreme Court of India

Oil and Natural Gas Corporation Ltd v. Afcons Gunanusa Jv

Neutral citation
Reported as [2022] 10 S.C.R. 660
Bench Dr. Dhananjaya Y Chandrachud, Sanjiv Khanna and Surya Kant JJ.
Decided 30 August 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the ceiling of Rs 30,00,000 in entry at Serial No 6 of the Fourth Schedule is applicable to the sum of base amount and the variable amount, and not just the variable amount.

Judgment, page 123

From the headnote

Arbitration and Conciliation Act, 1996 – ss. 11, 31, 31 , 38 and 39 – Fourth Schedule – Arbitrators’ Fees – Whet her the arbitrator(s) are entitled to unilaterally determine their own fees – Whether the term “sum in dispute” in the Fourth Schedu le to the Arbitration Act means the cumulative total of the am ounts of the claim and counterclaim – Whether the ceiling of Rs 3 0,00,000 in the entry at Serial No 6 of the Fourth Schedule of the Arbitration Act is applicable only to the variable amount of the fee or the entire fee amount – Whether the ceiling of Rs 30,00,000 ap plies as a cumulative

Authorities it was built on

Where later benches applied it

Of those, 3 referred to · 2 mentioned

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