Arbitration Act 2055

Chapter-6 Miscellaneous

Section 36: Arbitrator’s Remuneration
1) The arbitrator’s remuneration shall be as prescribed in the agreement.
2) In case the arbitrator’s remuneration is not mentioned in the agreement, the concerned parties shall pay the remuneration fixed by the arbitrator in consultation with them. Such remuneration shall be paid as a full payment or in the form of advance payment as ordered by the arbitrator in consultation with the concerned parties.

Arbitration Act 2055

Chapter-6 Miscellaneous

Section 37: Arbitrator To Refund Payment
In case no hearing has been made on the dispute referred to the arbitrator, or the position of arbitrator falls vacant for any reason, the concerned arbitrator, if he/she has already received remuneration under Section 36, shall refund the balance left after deducting. The amount covering the period for which he has worked, in consultation with the parties.
Provided that in case any arbitrator is removed under Section 11, he/she shall fully refund the remuneration amount received by him/her prior to that, if any.

Arbitration Act 2055

Chapter-6 Miscellaneous

Section 38: Devolution of Rights and Liabilities
In case any party dies, disappears or becomes insane after the commencement of arbitration proceedings under this Act, all his rights and liabilities shall devolve on his/her relative, who is entitled to inherit his/her property upon the prevailing law.

Arbitration Act 2055

Chapter-6 Miscellaneous

Section 39: Court to Have No Jurisdiction
Notwithstanding anything contained in the prevailing law, no court shall have jurisdiction over any matter regulated by this Act except when otherwise provided for in this Act.

Arbitration Act 2055

Chapter-6 Miscellaneous

Section 40: Parties May Compromise
In case the parties to a dispute that has been referred for arbitration under this Act desire to reach a compromise, they may submit an application to the arbitrator explicitly mentioning the conditions under which they wish to do so. The arbitrator shall approve the application so filed, and no appeal may be filed against such award except on issues concerning actions not taken according to the condition for compromise.

Arbitration Act 2055

Chapter-6 Miscellaneous

Section 41: Payment of Fees for Implementing the Award
1) Notwithstanding anything contained in the prevailing law, a fee amounting to 0.5 percent of the amount received through the implementation of the award of the arbitrator shall be paid to the concerned court in the form of a fee for having implemented the award. In case the award to be so implemented does not concern for being payment of any amount, a fee amounting to 0.5 percent of the current market value or amount of the action to be taken or has to be taken according to the decision, if the same can be determined, and if not, a sum of Rs 500/- shall be paid by the party requesting for the implementation of the award.
2) In case any party who pays the fee mentioned in Sub-section (1) wishes to have it realised from the other party, the District Court shall have it realised from the other party as in the case of court fees according to the prevailing law.