With mounting pressure on the Courts and mushrooming of arbitration related cases, specialized arbitration tribunals like NCLT, NCDRC or NGT should be created, which deal exclusively with arbitration matters under Section 9, 11, 34, 36 etc.
The Court noted that a decision on the issue will have wider ramifications, and ordered for it to be placed before a special bench that was being constituted for hearing arbitration matters.
There is no bar on an arbitral tribunal enforcing its order for the payment of fees, arrived at by mutual consent, under Section 27(5) of the Arbitration Act.
The legislature should clarify its position so that the clarity it strived to achieve with the introduction of the Fourth Schedule of the Arbitration Act does not lead to confusion.