Arbitration concerning the challenge of board resolutions is of a ritual nature pursuant to Article 838 quater of the Code of Civil Procedure, even where the arbitration clause provides for a decision by way of contractual arbitration (arbitrato irrituale) and in equity, thereby rendering admissible an application for the determination of arbitrators' fees pursuant to Article 814 of the Code of Civil Procedure.
Where the arbitration concerns the annulment of a board resolution, the arbitrators' fees must be determined by applying the parameters prescribed for claims of indeterminable value, the value being derived from the nature of the claim for the setting aside of the act and not from any underlying financial implications.
In arbitral proceedings, the evidentiary phase encompasses document supplementation activities, the filing of illustrative or clarifying briefs, and replies, in accordance with the parameters set out in Article 4(5) of Ministerial Decree No. 55/2014 for the determination of fees.