The Schedules: Grounds of Ineligibility, Fees, and the One That Was Deleted
Chapter Forty-Five
Syllabus topic rule 1.3 sweep of the Schedules. MU names no topic here.
Pages 226 to 230 of 377
In one line
The Act keeps its lists in eight Schedules: two Conventions on foreign awards, a fee table, two lists about arbitrator independence, a disclosure form, and one Schedule that was deleted in 2021.
In exam wording: the Arbitration and Conciliation Act 1996 has eight Schedules, of which the First, Second and Third reproduce the New York and Geneva Convention texts, the Fourth prescribes model fees, the Fifth and Seventh govern the independence and eligibility of arbitrators, the Sixth prescribes the form of disclosure, and the Eighth was omitted by the 2021 amendment.
Why a chapter on the Schedules
Because two of them decide cases. A Schedule is part of the Act, and the Fifth and Seventh Schedules in particular are not background reading: they are the operative content of section 12, which chapter 280 works through. A student who knows section 12 but has never looked at the Seventh Schedule knows only half of it.
The eight, at a glance
| Schedule | Governing section | What it contains |
|---|---|---|
| First | section 44 | The New York Convention 1958 |
| Second | section 53 | The Geneva Protocol on Arbitration Clauses, 1923 |
| Third | section 53 | The Geneva Convention on the Execution of Foreign Arbitral Awards, 1927 |
| Fourth | section 11(14) | Model fees of the arbitral tribunal |
| Fifth | section 12(1)(b) | Grounds that guide justifiable doubts as to independence or impartiality |
| Sixth | section 12(1)(b) | The form of disclosure |
| Seventh | section 12(5) | Relationships making a person ineligible to be appointed |
| Eighth | formerly section 43J | Omitted by the 2021 amendment |
The First, Second and Third Schedules: the Conventions
These reproduce the treaty texts that Part II gives effect to, and they belong to Module III.
The First Schedule is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the New York Convention of 1958, referred to in section 44. Chapters 500 to 530 work through the scheme built on it.
The Second Schedule is the Protocol on Arbitration Clauses of 1923 and the Third Schedule the Convention on the Execution of Foreign Arbitral Awards of 1927, the Geneva instruments, both referred to in section 53. Chapter 540 works through them.
Reproducing a treaty as a Schedule is how India gives a treaty domestic effect. It also means the treaty text itself is available to a court construing Part II, which is why article I of the New York Convention, printed in the First Schedule, is worth reading beside section 44.
The Fourth Schedule: model fees
Referred to in section 11(14), under which a High Court may frame rules for determining the fees of the arbitral tribunal after taking into consideration the rates specified in the Fourth Schedule.
The Schedule is a table of model fees graded by the sum in dispute, beginning at Rs. 45,000 for a sum in dispute up to Rs. 5,00,000, and rising in bands, each band adding a fixed sum plus a percentage of the claim amount.
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