Fourth Schedule explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The Fourth Schedule prints a table of "Model fee" against "Sum in dispute", in six slabs, with a note on a sole arbitrator. It is headed "". Section 11(14) lets the High Court frame rules on the fees of the arbitral tribunal after taking the Schedule's rates into consideration, and section 11A lets the Central Government amend the Schedule by notification. This follows the India Code consolidated text consulted, and every figure is quoted as printed.
The Schedule has six slabs, from Up to Rs. 5,00,000 (Rs. 45,000) to Above Rs. 20,00,00,000 (Rs. 19,87,500 plus 0.5 per cent. of the claim amount over and above Rs. 20,00,00,000 with a ceiling of Rs. 30,00,000). A sole arbitrator is entitled to an additional amount of twenty-five per cent. on the fee payable per the table. Under section 11(14), the High Court may frame fee rules after considering these rates; the Explanation excludes international commercial arbitration and arbitrations where the parties agreed fees per an arbitral institution's rules. The fifth slab is printed with a base reference that looks out of step with the other rows: it is quoted, flagged and not worked.
What this article does and does not say
The text consulted prints the Schedule and the two sections that refer to it. It does not print any rule framed by a High Court under section 11(14) or any notification under section 11A amending the Schedule, and nothing is stated here about whether either exists. The table is a "model fee" in the Schedule's own words. This article does not say what any court, institution or tribunal charges in practice. For appointment of the arbitrator, see our post on appointment of arbitrator under section 11; for what section 11 itself says on number and fees, see our article on sections 10 and 11A. If you are negotiating an arbitrator's fee, our arbitration support team can help you read the clause against the Schedule.
The footnote
The Schedules from the Fourth to the Seventh sit inside one bracket. The footnote at the foot of the Fourth Schedule's page reads "Ins. by Act 3 of 2016, s. 25 (w.e.f. 23-10-2015)." The bracket opens at the Fourth Schedule heading and closes at the end of the Seventh Schedule.
The table as printed
Heading: "".
| Sum in dispute | Model fee |
|---|---|
| Up to Rs. 5,00,000 | Rs. 45,000 |
| Above Rs. 5,00,000 and up to Rs. 20,00,000 | Rs. 45,000 plus 3.5 per cent. of the claim amount over and above Rs. 5,00,000 |
| Above Rs. 20,00,000 and up to Rs. 1,00,00,000 | Rs. 97,500 plus 3 per cent. of the claim amount over and above Rs. 20,00,000 |
| Above Rs. 1,00,00,000 and up to Rs. 10,00,00,000 | Rs. 3,37,500 plus 1 per cent. of the claim amount over and above Rs. 1,00,00,000 |
| Above Rs. 10,00,00,000 and up to Rs. 20,00,00,000 | Rs. 12,37,500 plus 0.75 per cent. of the claim amount over and above Rs. 1,00,00,000 |
| Above Rs. 20,00,00,000 | Rs. 19,87,500 plus 0.5 per cent. of the claim amount over and above Rs. 20,00,00,000 with a ceiling of Rs. 30,00,000 |
Note: In the event the arbitral tribunal is a sole arbitrator, he shall be entitled to an additional amount of twenty-five per cent. on the fee payable as per the table set out above.
The fifth slab: a flag
In the fifth row, the slab begins "Above Rs. 10,00,00,000", but the sentence ends "over and above Rs. 1,00,00,000". Every other row measures "over and above" from the lower end of its own slab, except this one, which repeats the lower end of the fourth slab. The base figure of Rs. 12,37,500 is printed as shown. We quote this row as printed and work no example on it. Anyone who needs a figure for a claim in that range should check the official text.
Printing note on the heading
The heading line is printed with an opening bracket and "", with no closing bracket after "THE FOURTH SCHEDULE": a bracket slip, as printed.
Reading the table
- The first slab is a fixed sum. A sum in dispute up to Rs. 5,00,000 carries Rs. 45,000.
- Slabs two to five add a percentage of the part above the slab's lower figure, as printed (subject to the flag above on the fifth).
- The sixth slab has a ceiling. The printed ceiling is Rs. 30,00,000.
- The Note adds twenty-five per cent. for a sole arbitrator on "the fee payable as per the table".
- The words are "model fee". The table does not say it is a fixed fee. Section 11(14) is about rules framed "after taking into consideration" these rates.
A worked example (second slab)
Suppose the sum in dispute is Rs. 10,00,000. This is above Rs. 5,00,000 and up to Rs. 20,00,000, so the second slab applies: Rs. 45,000 plus 3.5 per cent. of the claim amount over and above Rs. 5,00,000. The part above Rs. 5,00,000 is Rs. 5,00,000, and 3.5 per cent. of that is Rs. 17,500. The model fee is Rs. 62,500. If the tribunal is a sole arbitrator, the Note adds twenty-five per cent. on that fee, which is Rs. 15,625, giving Rs. 78,125. The figures are an illustration of the table only and are not a statement of any fee actually payable.
Section 11(14) and its Explanation
As the India Code text prints it, section 11(14) reads: "For the purpose of determination of the fees of the arbitral tribunal and the manner of its payment to the arbitral tribunal, the High Court may frame such rules as may be necessary, after taking into consideration the rates specified in the Fourth Schedule."
The Explanation reads: "For the removal of doubts, it is hereby clarified that this sub-section shall not apply to international commercial arbitration and in arbitrations (other than international commercial arbitration) in case where parties have agreed for determination of fees as per the rules of an arbitral institution."
| Question | What the text says |
|---|---|
| Who may frame rules | The High Court |
| For what | Determination of the fees of the arbitral tribunal and the manner of payment |
| With what regard | After taking into consideration the rates specified in the Fourth Schedule |
| Where it does not apply | International commercial arbitration; and other arbitrations where the parties have agreed fees per the rules of an arbitral institution |
The footnotes show sub-sections (13) and (14) with the Explanation as inserted by Act 3 of 2016, s. 6 (w.e.f. 23-10-2015). Our article on sections 82 to 84 deals with the High Court's general rule-making power under section 82.
Section 11A: amending the Fourth Schedule
Section 11A(1): if the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification in the Official Gazette, amend the Fourth Schedule, and thereupon the Schedule shall be deemed to have been amended accordingly.
Section 11A(2): a copy of every notification proposed to be issued shall be laid in draft before each House of Parliament, while in session, for a total period of thirty days (in one session or two or more successive sessions). If, before the expiry of the session immediately following, both Houses agree in disapproving the issue, or agree in making a modification, the notification shall not be issued or shall be issued only in the modified form agreed by both Houses.
The footnote shows section 11A as inserted by Act 3 of 2016, s. 7 (w.e.f. 23-10-2015). No notification under section 11A is in the text consulted, and we say nothing about whether one has been issued. The Schedule is therefore read as printed.
Where the fee also arises
- Section 31(8) and section 31A deal with costs; see our articles on section 31 and section 31A.
- Section 38 deals with deposits as an advance for costs; see our article on sections 38 and 39.
Need help with arbitrator fees?
Fee terms are easier to manage when they are written into the arbitration clause or the appointment order. Our arbitration support team can compare your clause with the Schedule's table, the Explanation to section 11(14) and any institutional rules you have chosen.
Key takeaways
- The Fourth Schedule is a "model fee" table in six slabs; it is headed "".
- Section 11(14) lets the High Court frame fee rules after considering the Schedule's rates, with an Explanation excluding international commercial arbitration and institution-rule fees.
- A sole arbitrator is entitled to an additional twenty-five per cent. on the table fee.
- The sixth slab carries a ceiling of Rs. 30,00,000.
- The fifth slab is printed with a base reference that looks out of step; it is quoted as printed and not worked.
- Section 11A lets the Central Government amend the Schedule by notification; none is in the text consulted.
Read next
- Sections 10 and 11A: number of arbitrators and power to amend the Fourth Schedule
- Fifth Schedule: grounds for justifiable doubts about arbitrator independence
- Section 31A: regime for costs
- Appointment of arbitrator under section 11
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.