Lisbon Court of Appeal
Date: 10-09-2013
Case Nr. 297/13.6YRLSB-7
LINK DGSI
Headline: Arbitrators may consider circumstances such as the complexity of the issues decided, the value of the case and the time spent on arbitral proceedings to determine and fix costs on the parties.
Summary:
- Under Article 17(2) of the Voluntary Arbitration Act (LAV), arbitrators may fix the amount of their fees and expenses in the absence of an agreement between the parties. Important considerations for determining the value would include the complexity of the issues decided, the value of the cause and the time spent or to be spent with the arbitral proceedings up to their conclusion.
- As is clear from paragraph 3 of the same legal provision, either party may request the competent state court to reduce the amount of fees fixed by the arbitrators. The court may determine the appropriate amount after hearing the members of the arbitral tribunal on the issue.
- A party cannot invoke this provision to claim that it should not be forced to pay the set fees. Thus, it can only be used to ask for reduction of the fees fixed by the arbitrators.
This case summary was kindly prepared by Sameer Thakur (sameerthakur@live.in, NALSAR University of Law), Rishabh Raheja, (rishabharaheja@gmail.com, NALSAR University of Law), and Abhishek Babbar (abhishekbabbar1996@gmail.com).