The arbitration agreement is entered into between the arbitrators and the parties to the dispute, whereby the parties confer upon the arbitrators the mandate to resolve the controversy. In this context, the unilateral determination of fees by the arbitrator, even when made in application of chamber tariffs previously referred to in the arbitration clause, does not constitute an enforceable title against the parties, being merely a contractual proposal requiring acceptance by the parties obliged to make payment.
In the absence of agreement between the parties and the arbitrators on the determination of the arbitration fee, the arbitrator may not bring ordinary summary proceedings to obtain payment of his remuneration, being instead required to initiate the special procedure provided for by Article 814 of the Code of Civil Procedure by application to the President of the Court of the district in which the arbitration is seated, who has jurisdiction to determine the amount of expenses and fees.
The power to apply to the President of the Court pursuant to Article 814 of the Code of Civil Procedure for the determination of the arbitration fee does not vest exclusively in the arbitrators, but may also be exercised by interested parties who wish to obtain a judicial assessment of the arbitration remuneration.
For the purposes of determining the arbitration fee, the value of the dispute must be identified by reference to the quantum of the claim originally brought and not to the amount actually awarded in the award, regard being had to the disputatum rather than to the decisum.
In assessing the arbitration fee pursuant to Article 814 of the Code of Civil Procedure, essential reference parameters comprise the value of the claim, the activity actually performed by the arbitrator in drafting the award, the effort expended and the time employed, the judge being entitled to apply minimum tariff rates where the arbitration procedure was of short duration and limited evidential complexity.