In the absence of agreement between the parties on the contractual determination of the fees of the members of a panel sitting in contractual arbitration (arbitrato irrituale), their assessment falls to the ordinary courts and is not subject to limits deriving from the procedural track chosen, the court retaining the power to order a change of track. Where the court assesses on an equitable basis the fees of the members of an arbitral panel of mixed composition by applying the scales for lawyers, it cannot escape the application of the general criteria of assessment laid down for lawyers. In every case of arbitration other than arbitration proper, or of an analogous situation, the parameters laid down for out-of-court activity apply to the assessment of fees, the value of the dispute being determined on the basis of the claims set out in the request and not of what was awarded by the award.