With regard to the assessment of arbitrators' fees pursuant to Article 814, paragraph 2, of the Code of Civil Procedure, where the arbitral tribunal is composed exclusively of non-lawyer professionals, or in the case of a mixed arbitration panel, the forensic parameters set out in Article 10 of Ministerial Decree No. 55/2014 do not apply directly, with the consequence that the President of the Court, in the exercise of the discretionary power of assessment, is not bound by any predetermined normative parameters and is free to identify, according to prudent appraisal, the equitable criteria deemed most appropriate to the subject matter and value of the case, as well as to the nature and importance of the tasks assigned to the arbitrators, and may also refer to the fee schedules of professional categories or to the tariffs of arbitral chambers.
In the judicial determination of arbitrators' fees, the President of the Court must take into account the duration of the appointment, the degree of difficulty of the dispute, the complexity of the legal issues addressed, and the predominantly documentary or evidentiary nature of the proceedings, as parameters for the equitable assessment of the work performed by the arbitral tribunal.
In the assessment of arbitral fees pursuant to Article 814, paragraph 2, of the Code of Civil Procedure, fees for the secretary of the arbitral tribunal cannot be recognised in the absence of a specific normative reference providing for and regulating such assessment.