RECOVERY OF ARBITRATORS’ FEES FROM DEFAULTING PARTIES: LEGAL AND CONTRACTUAL CHALLENGES

Abstract

Arbitrators are trained experts and professionals who are retained to facilitate the arbitration process on behalf of parties. It is indubitable that valuable time, resources and effort is put in by arbitrators during arbitral proceedings. Pursuant to this, arbitrators are entitled to fees for the work done. The Arbitration and Conciliation Act incorporates the issue of arbitrator’s fees in its provision on costs. Despite this however, the recovery of an arbitrator’s fees is not always easy as there exist, challenges both contractual and legal which may impede the seamless recovery of an arbitrator’s fees. This paper seeks to highlight these challenges and proffers recommendations on how to surmount these challenges.