The right to receive payment of fees arises for arbitrators by the sole fact of having effectively performed the task conferred upon them, irrespective of the validity or otherwise of the award pronounced, such right finding its origin in the contract of mandate or intellectual work concluded between the parties and arbitrators.
The special procedure for liquidation of compensation pursuant to Article 814, paragraph 2, of the Code of Civil Procedure presupposes pronouncement of the award, since only on the basis thereof can the President of the Court draw the necessary elements to liquidate compensation according to equitable criteria.
In default of pronouncement of the award, the arbitrator may recover his fees only following normal proceedings remitted to the cognition of the ordinary judge, to be identified by application of ordinary criteria of jurisdiction.