Court of Appeal of Napoli, decree of 16 July 2026 (R.G. 00003231/2025)

The complaint provided for by art. 814, co. 3, cod. proc. civ. is a special means of challenge against the presidential order assessing the arbitrator's fees, with fully devolutive effect, so that the court entirely re-examines both the entitlement to and the amount of the fees, as regards both the correct application of the statutory criteria and the appropriateness of the assessment, without being bound by the reasons of the decision complained of, and the decision given on the complaint wholly replaces the decision challenged.
Where the amount of the arbitrator's fees has not been agreed in advance between the parties and the arbitrator, and the arbitration is not institutional, the assessment is to be made on the basis of the numerical parameters laid down for arbitration proceedings, whether arbitration proper or contractual arbitration (arbitrato irrituale), by the applicable professional scale of fees.
For the purposes of identifying the applicable bracket, relevance attaches to the particular importance of the dispute, which may be found where it affects the governance and organisational structure of the company, with the consequent application of the highest parameter and of the prescribed percentage reduction.
The arbitrator is not entitled, in addition to his fees, to the flat-rate general expenses provided for the professional activity of lawyers, since art. 814 cod. proc. civ. confers on him the right to reimbursement only of expenses actually incurred and documented, by reason of the distinct nature of arbitral activity as compared with that of legal representation and of the existence of specific provisions on arbitrators' fees.