Court of Bologna, judgment of 26 June 2026, No. 5217

The right of arbitrators to receive remuneration for work performed arises from the effective completion of the mandate conferred upon them in the context of the agency relationship with the parties, irrespective of the validity and effectiveness of the award; consequently, the right to remuneration is not extinguished by the invalidity of the award.
The self-assessment of fees by arbitrators under art. 814, para. 2, cod. proc. civ. constitutes a mere contractual offer which becomes binding only upon acceptance by all parties to the arbitration agreement; in the absence of acceptance, the contesting party does not extinguish the right to remuneration but opens the way to a determination of the quantum debeatur by way of ordinary judicial proceedings.
The special procedure for the determination of arbitrators' fees before the president of the court under art. 814, para. 2, cod. proc. civ. requires an application by the arbitral tribunal as a whole; an individual arbitrator is therefore confined to ordinary proceedings to enforce his or her right to remuneration individually.
For the purpose of determining the remuneration of members of an arbitral tribunal composed solely of lawyers, the value of the dispute is assessed by reference to the petitum — that is, the total value of the issues submitted to the tribunal (disputatum) — and not by reference to the decisum, since the decisional activity to be remunerated has as its object the ee disputed relationship, irrespective of the practical outcome ultimately obtained by the parties.