The determination of costs and fees made directly by the arbitrators pursuant to Article 814(2) of the Code of Civil Procedure has the value of a mere contractual offer, which becomes binding only if accepted by all parties to the dispute.
The arbitrator’s right to receive payment of fees arises from the fact of having actually performed the mandate conferred, within the framework of the agency relationship between the parties and the arbitrators, and is independent of the validity and effectiveness of the award.
The fees due to arbitrators who are also members of the Bar must be assessed on the basis of the professional tariff, without the President of the Court, when making the assessment pursuant to Article 814 of the Code of Civil Procedure, being entitled to have recourse to equitable criteria.
The assessment of general expenses payable to arbitrators requires the application of Article 814 of the Code of Civil Procedure, which recognises the relevant entitlement only in respect of expenses actually incurred and documented, the principles governing legal professional tariffs as regards lump-sum expenses not being applicable, given that the position of an arbitrator is not wholly equivalent to that of a practising lawyer in light of the distinctive nature of the work respectively performed.