This Refund and Cancellation Policy applies to all payments made to the Delhi Arbitration Centre ("DAC" / "the Centre") in relation to arbitration proceedings, institutional services, administrative services, certified copies, miscellaneous services and other facilities provided by the Centre.
1. Administrative Charges
All registration fees, filing fees, administrative charges and institutional charges paid to DAC are non-refundable and non-adjustable under any circumstances, irrespective of whether the arbitration proceedings subsequently proceed, are withdrawn, settled, terminated, dismissed, transferred or otherwise come to an end.
Payment of administrative charges is towards the institutional and administrative services rendered by DAC upon receipt and processing of the reference or matter, and does not depend upon the ultimate continuation or outcome of the arbitration proceedings.
2. Arbitrator’s Fee
The fee of the Arbitrator / Arbitral Tribunal is governed by the applicable DAC Arbitration Rules, Fee Rules and the directions of the Arbitral Tribunal. Once an Arbitrator’s fee has been deposited, DAC shall not independently decide or entertain any claim for its refund, reduction or adjustment.
Where the arbitration proceedings are withdrawn, settled, terminated or otherwise concluded before the passing of the final award, the question of the fee payable to the Arbitrator — including refund or adjustment, if any — shall be determined by the concerned Arbitrator / Arbitral Tribunal in accordance with the applicable DAC Rules, having regard to the stage of the proceedings, the work undertaken and other relevant circumstances.
Any refund of the Arbitrator’s fee shall be processed by DAC only pursuant to a written direction or order of the concerned Arbitrator / Arbitral Tribunal, or as otherwise provided under the applicable DAC Rules.
3. Miscellaneous Charges and Expenses
Miscellaneous charges — including charges towards hearing facilities, secretarial or administrative services, document handling, courier and postal expenses, Local Commissioner arrangements, transcription, videography, travel and other services, wherever applicable — are payable at the rates prescribed by DAC from time to time.
Charges already incurred, and services already availed, are not refundable. Where an amount has been collected purely as an advance towards an expense which has ultimately not been incurred, the unutilised balance, if any, may be refunded or adjusted after reconciliation of accounts by DAC.
4. Certified Copies and Document Charges
Charges for certified copies, photocopying, scanning, printing, certification, dispatch or supply of records and documents are payable at the rates prescribed by DAC from time to time. Once a request for a certified copy or other document service has been processed, the charges paid towards that service are non-refundable and non-adjustable.
5. Withdrawal, Settlement or Termination of Proceedings
Withdrawal of a claim or reference, settlement between the parties, termination of proceedings, dismissal of a claim, non-prosecution, non-appearance of a party, or any other subsequent event does not by itself create any right to refund of the administrative or institutional charges paid to DAC. The treatment of the Arbitrator’s fee in such cases is governed exclusively by the applicable DAC Rules and the decision or direction of the concerned Arbitrator / Arbitral Tribunal.
6. Duplicate or Excess Payment
Where a party establishes that (a) the same payment has inadvertently been made more than once; (b) an amount has been paid in excess of the amount actually demanded by DAC; or (c) money has been debited despite a failed payment transaction and has also subsequently been received by DAC — the excess or duplicate amount may be refunded after verification and reconciliation of DAC’s accounts.
Such refund shall ordinarily be made to the same bank account, card, UPI ID or payment source from which the payment was received. A duplicate payment shall not be treated as payment towards any other case, party or proceeding unless DAC expressly permits such adjustment.
7. Incorrect Payment
A person making payment is responsible for correctly mentioning the case or reference number, the party name and the purpose of the payment. Where an amount has been deposited against an incorrect case or under an incorrect payment head, any correction or adjustment is subject to verification and approval by DAC; no person has an automatic right to adjustment merely because payment was made under an incorrect head. Administrative charges which have already become payable remain non-refundable and non-adjustable.
8. Bank, Payment Gateway and Statutory Charges
Bank charges, payment gateway charges and other third-party transaction charges, if any, are governed by the terms applicable to the particular transaction. Taxes and statutory levies are dealt with in accordance with applicable law.
9. Mode of Refund
Any refund permissible under this Policy shall be made only after verification of the payment and approval by the competent authority of DAC. DAC may require the applicant to provide the payment receipt, transaction details, bank details and such other information as may reasonably be required for verification. Wherever practicable, the refund shall be made through the same mode through which the original payment was received.
Refunds are never made in cash and never to a third party. DAC never asks an applicant to share a card number, OTP or UPI PIN, or to make any further payment, in order to “release” a refund — any such demand is fraudulent and should be reported to the Registrar.
10. No Refund on Account of Outcome of Proceedings
No refund shall be claimed or granted merely because a party is dissatisfied with any procedural order, interim order, final award, decision of the Arbitral Tribunal or outcome of the arbitration proceedings. The payment of administrative charges and other institutional charges is towards the services provided by DAC and is independent of the merits or outcome of the dispute.
11. Governing Rules
This Policy shall be read together with the applicable DAC Arbitration Rules, Fee Rules, Practice Directions and other regulations issued by the Delhi Arbitration Centre from time to time. In the event of any inconsistency between this Policy and the applicable DAC Arbitration Rules or Fee Rules, the applicable Rules shall prevail.
12. Interpretation and Residual Matters
Any issue relating to refund, adjustment or reconciliation of payments which is not specifically covered by this Policy shall be decided by the competent authority of the Delhi Arbitration Centre in accordance with the applicable DAC Rules. Nothing in this Policy affects any direction or order passed by the concerned Arbitrator / Arbitral Tribunal regarding the Arbitrator’s fee, costs or expenses of the arbitration.