In contractual arbitration (arbitrato irrituale), the arbitrators’ self-assessmenof fees does not bind the parties, since it constitutes a contractual offer without binding force in the absence of acceptance; in such a case, the determination of the arbitrators’ remuneration falls to the ordinary court, which is seised by way of ordinary proceedings.
The special procedure for the determination of fees under art. 814, para. 2, cod. proc. civ. does not apply to contractual arbitration (arbitrato irrituale), in which the ordinary court is required to determine both the existence and the amount of the debt.
For the purpose of determining the remuneration of arbitrators in respect of non-contentious activities, where reference is made to the lawyers’ fee schedule, the value of the dispute must be determined on the basis of the claims as formulated (petitum) and not by reference to what has been awarded (decisum); the moderated decisum criterion applicable to lawyers acting as counsel does not apply to the remuneration of arbitrators.
The principle whereby the value of the dispute for the purpose of calculating arbitrators’ fees is determined by reference to the petitum applies by analogy to non-lawyer arbitrators — such as notaries and accountants — who have performed functions of a predominantly legal or commercial nature, where the court chooses to apply the lawyers’ schedule for non-contentious activities.
An award made in contractual arbitration (arbitrato irrituale), where not challenged, has the force of law between the parties in the same way as any settled contract, notwithstanding iack of jurisdictional character, since it constitutes a consensual determination of the dispute.