In the judicial determination of the fees payable to an arbitrator who is a chartered accountant (commercialista) under Article 814(2) of the Code of Civil Procedure, in the absence of specific tariff provisions in the ministerial decree applicable to the professional category of the arbitrator, reference may be made to the scales prescribed for an analogous arbitral activity carried out by another professional category, as a useful parametric benchmark for the purposes of assessment.
Under Article 814(2) of the Code of Civil Procedure, where the parties do not accept the fee proposal put forward by the arbitrator, the determination of the amount of costs and fees falls to the president of the court within whose district the seat of the arbitration is located, with the adversarial principle being observed by hearing the parties.
In the judicial determination of arbitral fees under Article 814(2) of the Code of Civil Procedure, any initial reference by the arbitrator to the tariffs of specific arbitral institutions does not bind the court determining the fees nor does it limit the arbitrator's claims, the scales prescribed by law being applicable.