The parties to arbitration proceedings are jointly and severally liable for the payment of costs and fees owed to the arbitrators pursuant to Article 814, paragraph 1, of the Code of Civil Procedure, with the right of recourse between them; accordingly, any agreement whereby only one of the parties is required to pay the arbitrators' fees and reimburse their expenses is void.
An arbitrator's right to reimbursement of expenses and payment of fees for services rendered arises from the mere fact of having performed the mandate conferred upon them within the framework of the agency relationship with the parties, and is independent of the validity and efficacy of the award; the invalidity of the award does not therefore extinguish the arbitrator's right to remuneration.
The liquidation of arbitrators' fees and expenses carried out by the arbitrators themselves by means of an order during the arbitration proceedings has the value of a mere contractual proposal pursuant to Article 814, paragraph 2, of the Code of Civil Procedure and does not constitute an enforceable title; it binds the parties only if accepted, and the right to bring ordinary court proceedings to recover the remuneration remains unaffected.