Where the dispute has been referred to an arbitral tribunal, its value, relevant for the purpose of determining the fees payable to the arbitrators, is established a priori on the basis of the petitum, that is, the overall amount of the claims put forward in the arbitral proceedings.
For the purposes of assessing whether the arbitrators’ fees are appropriate it is irrelevant that the award disposed of the proceedings by a declaration of extinction, regard being had to the work actually carried out by the tribunal, including the examination of the objections and preliminary issues raised by the parties and the study of the pleadings and documents.
In proceedings for the determination of arbitrators’ fees under art. 814, co. 2, cod. proc. civ., costs follow the event.
