Each arbitrator has standing to apply to the President of the Court for the assessment of their own fees pursuant to Article 814, paragraph 2, of the Code of Civil Procedure, by virtue of their subjective right to remuneration, independently of the other members of the arbitral tribunal.
A member who brings a derivative action pursuant to Article 2476, paragraph 3, of the Civil Code by means of arbitration assumes the status of a formal party to the arbitral proceedings and remains liable, jointly and severally with the other parties, for payment of the arbitrators' fees pursuant to Article 814 of the Code of Civil Procedure, regardless of having acted in the corporate interest.
For the purposes of determining the value of the arbitral case relevant to the assessment of arbitrators' fees, the value is determined a priori on the basis of the petitum (claimed relief), without regard to the ruling issued by the arbitral tribunal, even where it merely declares the claim inadmissible or that there are no grounds for proceeding.
The assessment of general expenses to arbitrators pursuant to Article 814 of the Code of Civil Procedure is limited to expenses actually incurred and capable of being documented, excluding the standard fees provided for in the legal profession tariff, given the peculiar nature of arbitral activity as compared to that of legal practitioners.
The chambers procedure for the assessment of arbitrators' fees pursuant to Article 814 of the Code of Civil Procedure is adversarial in nature and involves the application of Article 91 of the Code of Civil Procedure for the regulation of procedural costs, which follow the principle that costs follow the event.