Upon the arbitrators’ acceptance of their mandate, a private law contract akin to a contract for intellectual services is formed between the parties and the arbitrators, giving rise to the parties’ joint and several obligation to pay their fees, irrespective of the unilateral nature of the referral of the dispute to arbitration.
Proceedings for the determination of arbitrators’ fees under art. 814 cod. proc. civ. are non-contentious in nature, so that the loser-pays principle under art. 91 cod. proc. civ. does not apply.