Court of Enna, order of 27 July 2026 (R.G. 00000087/2026)

The determination of their fees by the arbitrators constitutes a contractual mechanism for fixing the remuneration, in which the arbitrators' self-assessment has the value of a contractual offer, becoming binding only upon acceptance by the parties.
Acceptance of the determination of the arbitrators' fees may also occur after the commencement of the proceedings provided for by art. 814 cod. proc. civ. and until the publication of the concluding order; where it supervenes while the proceedings are pending, the court must declare that the subject matter of the dispute has ceased to exist.
An undertaking given in a settlement agreement to bear in full the costs of the arbitral proceedings amounts to acceptance of the fees as determined by the arbitrators.
The costs of the proceedings for the determination of the arbitrators' fees fall on the party which, by failing to accept the determination in due time, made recourse to the court necessary, whereas nothing is owed to the party which had accepted the determination before those proceedings were commenced.