SCH.

VI
ARBITRATION AND CONCILIATION ACT, 1996 G9
24th, 1923, applies, can be effected at declaration addressed to
the any time by means or
Secretary-General of the
League of
Nations by one of the High Contractin8 Faraes.
Such declaration shall take effect
three months after the deposit
The High Contracting Parties can at any time denounce the Convention thereo
of tor all or annyto
the Colonies, Protectorates or territories referred to above. Article 9 hereot
such denunciation. appllea
Article
11.-A certified copy of the present Convention shall be transmitted by the
Secretary-General of the League of Nations to every Member of the League ot NatiOns
and to every Non-Member State
which the signs same.
IITHE FOURIHSCHEDULE
T[[See section 11(3-A)
SI. No. Sum in dispute
Model fee
1. Upto Rs. 5,00,000
Rs. 45,000
2. Above Rs. 5,00,000 and
Rs. 20,00,000 upto Rs. 45,000 plus 3.5 per cent. of the claim amount
over and above Rs. 5,00,0000
3. Above Rs. 20,00,000 and upto Rs. 97,500 plus 3 per cent. of the claim amount
Rs. 1,00,00,000
over and above Rs. 20,00,000
4. Above Rs. 1,00,00,000 and upto Rs. 3,37,500 plus 1 per cent. of the claim amount
Rs. 10,00,00,000 over and above Rs. 1,00,00,000

5. Above Rs. 10,00,00,000 and upto Rs. 12,37,500 plus 0.75 per cent. of the claim
Rs. 20,00,00,000 amount over and above Rs. 10,00,00,000

6. Above Rs. 20,00,00,000 Rs. 19,87,500 plus 0.5 per cent. of the claim
amount over and above Rs. 20,00,00,000 with
a
ceiling of Rs. 30,00,000]
Note.-In the event the arbitral tribunal is a sole arbitrator, he shall be entitled to aan
additional amount of twenty-five per cent. on the fee payable as per the above.]
THE FIFTHSCHEDULE
See section 12(1)(b)]1
The following grounds give rise to justifiable doubts as to the independence or
impartiality of arbitrators:
ARBITRATOR'S RELATIONSHP WITH THE PARTIES OR COUNSEL
1. The arbitrator is an employee, consultant, advisor or has any other past or present
business relationship with a party.
2. The arbitrator currently represents or advises one of the parties or an affiliate of
one of the partics.
3. The arbitrator currently represents the lawyer or law firm acting as counsel for one

of the parlics.
4. The arbitrator is a lawyer in the same law tirm which is representing one of the

parties.
1. Inserted by Act 3 ol 2016, S. 25 (w.r.e.f. 23-10-2015)
2. Substitu ted by S.O. 567(, dated 12-11-2018 (w.r.e.f. 23-10-2015).
3. Substituted by Act 33 ot 2019, 5. 16, for "|See section 11(14)1"
 CONCILIATION ACT, 1996
ARBITRATION AND
60
management, o nas a similar
director or part of the affiliate is directiy involved
arbitrator is a manager, if the
. The in an affiliate of one of the parties
controlling influence,
in the matters in dispute in the arbitration. i n v o l v e m e n t in the case
but terminated
a previous
arbitrator's law firm had
6. Thethe arbitrator being involved himself or herselt.
without commerCial relationship with
has a significant
7. The arbitrator's law
firm currently
o n e of the parties or
an affiliate of one of the parties. attiliate of the
or an
advises the appointing party firm derives a
8. The arbitrator regularly arbitrator nor
his or her
neither the
even though
appointing party therefrom.
significant financial income with one of the parties
and in the case
relationship
9. The arbitrator has a close family controlling
the company.

the in the management and

financial interest in one
of companies with persons
member of the arbitrator has a significant
10. A closeorfamily
an affiliate of one of
the parties.
of the parties arbitration.
of an entity that
is a party in the
I1. The arbitrator is a legal
representative
or has a similar
director or part of
the management,
12. The arbitrator is a manager,

controlling influence in one of the parties. one of the parties

or the
financial interest in
13. The arbitrator has a significant
outcome of the case. of the
or an affiliate
advises the appointing party
14. The arbitrator regularly signiticant financial
firm derives a
arbitrator or his or her
appointing party, and the
income therefrom.
ARBITRATOR TO THE
DISPUTE
RELATIONSHIP OF THE

advice or provided an expert opinion

on the dispute
15. The arbitrator has given legal
to a party or an affiliate of
one of the parties.
involvement in the case.
16. The arbitrator has previous
DISPUTE
INDIRECT INTEREST IN THE
ARBITRATOR'S DIRECT OR

either directly or indirectly, in one of the parties or an

17. The arbitrator holds shares,
affiliate of one of the parties
that is privately held.
significant financial interest in the
18. A close family member
of the arbitrator has a

outcome of the dispute.

member of the arbitrator has a close relationship
19. The arbitrator or a close family in
liable to recourse on the part of the unsucessful party
with a third party who may be
the dispute.
OTHER
PREVIOUS SERVICES FOR ONE OF THE PARTIES OR
INVOLVEMENT INTHE CASSE

within the past three years served as counsel for one of the
20. The arbitrator has
of the parties or has previously advised or been consulted
parties or an affiliate of one
affiliate of the party making the appointment in an unrelated matter,
by the party or an affiliate ot the party have no ongoing relationship.
but the arbitrator and the party or the
within the three years served as counsel against one or
21. The arbitrator has past
the parties or an affiliate
of one ot the parties in an unrelated matter.
on two
22. The arbitrator has within the past three
years been appointed as arbitrator
or more occasion1s by one of the parties or an attiliate of one of the parties.

23, The arbitrator's law firm has within the past three years acted for one of tne
one of the parties in an unrelated matter without tne
Dariins or an
affiliate of
involvement of the arbitrator.
 SCH. VIJ
ARBITRATION AND CONCILIATION ACT, 1996
24. 61
The
arbitrator inarbitrator currently
another arbitration serves, or has served within the past three
affiliate of one of the on a
related issue involving ycats, an
a
parties. one of the
parc
RELATIONSHIP BETWEEN AN ARBITRATOR AND
ANOTHER
ARBITRATOR OR COUNSEL
25. The arbitrator and
another arbitrator are
26. The lawyers in the same law n i .
arbitrator was within
with, another arbitrator or the past three vears a partner of, or
any of the counsel in the same otherwise affillate
27. A lawyer in the arbitrator's law firm arbitration.
the same party or parties or an affiliate of is an arbitrator in another dispute invoivins
of the
close family member of the arbitrator is a parties. or
one
28. A
representing one of the parties, but is not partner employee of the law nrm
assisting with the
dispute
29. h e arbitrator has within the
past three years received more than tnree
appointments by the same
counsel or the same law firm.
RELATIONSHIP BETWEEN ARBITRATOR AND PARTY
ANDOTHERS
INVOLVED IN THE ARBITRATION
30. The arbitrator's law
firm is currently acting adverse to one of the
affiliate of one of the parties. parties or an

31. The arbitrator had been associated within

the past three years with a
affiliate of one of the parties in party Or au

partner.
a
professional capacity, such as a former employee or

OTHER CIRCUMSTANCES
32. The arbitrator holds
shares, either directly or indirectly, which by reason of
number or denomination constitute a material holding in one of the parties
of of the
or an affiliate
one
parties that is publicly listed.
33. The arbitrator holds in
a
position an arbitration institution with appointing
authority over the dispute.
34. The arbitrator is a manager, director or part of the management, or has a similar
controlling influence, in an affiliate of one of the parties, where the affiliate is not directly
involved in the matters in dispute in the arbitration.
Explanation 1.-The term "close family member" refers to a spouse, sibling, child,
parent or life partner.
Explanation 2.-The term "affiliate" encompasses all companies in one group of
companies including the parent company.
Explanation 3.-For the removal of doubts, it is clarified that it may be the practice in
certain specific kinds or arbitration, such as maritime or commodities arbitration, to
draw arbitrators from a small, specialised pool. If in such fields it is the custom and
practice for parties frequently to appont the same arbitrator in different cases, this is a
relevant fact to be taken into account while applying the rules set out above.

THESIXTHSCHEDULE
Sce section 12(106)]

Name
Contact Details
Prior Experience (including Experience with arbitrations)
arbitrations
Number of on-going
 CONCILIATION ACT, 1996 [SCH. VII
ARBITRATION AND
62
relationship
or present
Circumstances disclosing any pastin relation to the subject-
With or interest in any of the parties
or
or
business, professional
matter in dispute, whether financial, as to doubts
other likely to give rise to justifiable
kind, which is
out)
your independence or impartiality (list to
which are likely to affect your
ability
Circumstances
arbitration and in particular your
devote sufficient time to the months
arbitration within
twelve
ability to finish the entire
(list out)

THESEVENTHSCHEDULE

[Sce section 12(5)]

COUNSEL
WITH THE PARTIES OR
ARBITRATOR'S RELATIONSHIP
or
advisor or has any other past present
1. The arbitrator is an employee, consultant,
business relationship with a party.
or advises one of the parties or an
aftiliate of one
arbitrator currently represents
Ihe
of the parties. for one
as counsel
law firm acting
represents the lawyer or
3. The arbitrator currently
of the parties.
law firm which is representing
one of the parties
4. The arbitrator is a lawyer in the same

or has similar a
or part of the management,
5. The arbitrator is a manager, director affiliate is directly involved
of one of the parties if the
controling influence, in an affiliate
in the matters in dispute in the arbitration.
but terminated involvement in the case
6. The arbitrator's law firm had a previous
or herself.
without the arbitrator being involved himself
commercial relationship with one
7. The arbitrator's law firm currently has a significant
of the parties or an affiliate of one of the parties.
8. The arbitrator regularly advises the appointing party or an affiliate of the appointing

though neither the arbitrator nor his or her firm derives a significant financial
party even
income therefrom.
with one of the parties and in the case
9. The arbitrator has a close family relationship
of companies with the persons in the management and controlling the company.

10. A close farnily member of the arbitrator has a significant financial interest in one
of the parties or an affiliate of one of the parties.
11. The arbitrator is a legal representative of an entity that is a party in the arbitration.
12. The arbitrator is a manager, director or part of the management, or has a similar
controlling influence in one of the parties.

13. The arbitrator has a significant financial interest in one of the parties or the outcome
of the case
14. The arbitrator regularly advises the appointing party or an affiliate of the appOnt
party, and the arbitrator or his or her frm derives a significant financial income theretron

RELATIONSI IIP OFTHE ARBITRATOR TOTHE DISPUTE

15. Te arbitrator has given legal advice or provided an expert opinion on the dispue
to a party or ai affihate o! one of he parties.

16. The arbitrator has peviOUs involvement in the case.

SCH. VII] ARBITRATION AND CONCILIATION ACT, 1996 63
ARBITRATOR'S DIRECT OR INDIRECT INTEREST IN THE DISPUTE
7The arbitrator
affiliate ofof theholds
one
shares, either directly indirectly, in
parties that is held.
or one of the parties or an
privately
18. A close family member of the arbitrator has a significant financial interest in the
outcome of the dispute.
. h e artbitrator or a close family member of the arbitrator has a close relationship
with a third party who may be liable to recourse on the part of the unsuccessful party in
the dispute.
Eaplaatio1 1.-The term "close family member" refers to a spouse, sibling, child, parent
or lite partner.
Explanation 2.-The term "affiliate" encompasses all companies in one group or
companies including the
parent company.
Explarnation
certain 3-For the removal of doubts, it is clarified that it may be the practice in
specitic kinds of arbitration, such as maritime or commodities arbitration, to draw
arbitrators from a small, specialised
pool. If in such fields it is the custom and practice roT
parties trequently, to appoint the same arbitrator in different cases, this is a relevant fact
to be take into account while
applying the rules set out above.
'THE EIGHTHSCHEDULE
[Omitted by the Arbitration and Conciliation (Amendment) Act, 2021 (3 of 2021), S. 4 (w.r.e.f.
9-11-2020).]

1. Prior to its omission, Eighth Schedule read as under:

THE EIGHTHSCHEDULE
(See section 43-J)
QUALIFICATIONS AND EXPERIENCE OF ARBITRATOR
A person shall not be qualified to be an arbitrator unless he
i) is an advocate within the meaning of the Advocates Act, 1961 (25 of 1961) having
ten years of practice experience as an advocate; or
(i) is a chartered accountant within the meaning of the Chartered Accountants Act,
1949 (38 of 1949) having ten years of practice experience as a chartered accountant; or
i ) is a cost accountant within the meaning of the Cost and Works Accountants Act
1959 (23 of 1959) having ten years of practice experience as a cost accountant; or
(io) is a company secretary within the meaning of the Company Secretaries Act, 1980
(56 of 1980) having ten years of practice experience as a company secretary; or
(o) has been an officer of the Indian Legal Service; or
(vi) has been an officer with law degree having ten years of experience in the legal
natters in the Government, Autonomous Body, Public Sector Underiaking or at a senior
level managerial position in private sector; or
(uii) has been an officer with engineering degree having ten years ot experience as
an engineer in the Government, Autonomous Body, l'ublic Sector Undertaking or at a
senior level managerial position in private sector or self-enployed; or
(viil has been an officer having Senior level experience ot adnministration in the
Central Government or State Governnent or having experience of senior level
management of a Public ectoT Undertakng Or a Lovernment
company or a private
Company of repute
(ix) is a person, in any other Case, navng educational qualitication at degree level
with ten years of experience in SCenunC Or technical stream in the tields of
telecom.
information technology, ntellectual rOpeTty Kights or other specialised areas in the
Government, Autonomous 5ody, 'ubiic Sector Undertaking or a senior level managerial
position in a private sector, as the case may be.

ICont.]