In matters of arbitration, pursuant to Article 814 of the Code of Civil Procedure, the parties to arbitration proceedings are jointly and severally liable for payment of the costs and fees of the arbitrators to the arbitral institution, without prejudice to recourse between themselves. However, where the award has placed the operational costs definitively upon the unsuccessful party, the party which has advanced such costs is entitled to full recourse against the unsuccessful party, inasmuch as the award, producing the effects of a judgment pronounced by the judicial authority pursuant to Article 824-bis of the Code of Civil Procedure, constitutes a title capable of founding the right to full reimbursement, independently of the continuing joint and several obligation towards the arbitral institution.
In administered arbitration, the prior acceptance of the arbitration rules contained in the statutory arbitration clause binds the parties to the determination of arbitration costs made by the secretariat of the institution in accordance with the procedural rules. In the absence of objection within the time limits provided by the rules themselves, the quantification of the fees must be deemed accepted pursuant to Article 814 of the Code of Civil Procedure.
