The principle of party autonomy plays a substantial role in the determination of arbitrators‘ fees as well

The Hon’ble Supreme Court of India in the case of Oil and Natural Gas Corporation Ltd. vs Afcons Gunanusa JV, passed in Arbitration Petition (Civil) No. 05 of 2022, decided on 30.08.2022 by majority judgment held that the Arbitral Tribunal while deciding the allocation of costs under Section 31 (8) read with 31A or advance of costs under Section 38 cannot issue any binding or enforceable orders regarding their own remuneration. This would violate the principle of party autonomy and the doctrine of in rem suam decisions. It was further held that the arbitration is required to be conducted in accordance with the procedure agreed by the parties. 

Oil and Natural Gas Ltd vs Afcons