Court of Barcellona Pozzo Gotto, 23 September 2025, No. 781
Legal Principle
The arbitrator's right to receive payment of fees arises from having actually performed the duties conferred upon them, within the framework of the agency relationship existing between the parties and the arbitrators, and is independent of the validity and effectiveness of the award.
The liquidation of costs and compensation made directly by the arbitrators has the value of a contractual proposal, which becomes binding only if accepted by all parties to the proceedings pursuant to Article 814 of the Code of Civil Procedure.
The failure to present objections or observations to the liquidation proposal formulated by the arbitrators does not constitute conduct suitable to reveal a contractual intention of the party that remained inactive, as the conditions for applying the principle of silence as tacit manifestation of consent do not exist.
The failure to accept the fees liquidated by the arbitral tribunal vests in the President of the Court a functional competence pursuant to Article 814, paragraph 2, of the Code of Civil Procedure.
Methodological Notes
standard