The liquidation of costs and fees carried out directly by arbitrators pursuant to art. 814 para. 2 of the Code of Civil Procedure constitutes a mere contractual proposal which becomes binding only if accepted by all parties, including through concluding acts (facta concludentia).
The tacit acceptance of the arbitral fee liquidation may be inferred from the concluding conduct of the party who, despite not having expressly adhered to the fee proposal formulated by the arbitrators, subsequently avails itself of the rendered award by requesting its exequatur and promoting its enforcement.
Where a party does not accept the arbitral fee liquidation carried out by the arbitrators themselves, the arbitrators must proceed with the judicial liquidation procedure provided for under art. 814 para. 2 of the Code of Civil Procedure; the failure to activate such procedure together with the issuance of the award creates a presumption of acceptance of the liquidation by all parties.
The party who has advanced the arbitral fee quota due from the counterparty is entitled to recourse for the entire amount paid in excess of its own quota of competence.