Thetermination of their own fees made directly by the arbitrators has the value of a mere contractual offer; the award, in so far as it makes such a determination, does not constitute an enforceable title, even after the deposit and enforcement procedure under art. 825 cod. proc. civ. has been completed. An enforceable title for payment of the arbitrators’ fees must be obtained through the separate procedure laid down by art. 814, paras. 2 and 3, cod. proc. civ., by order of the President of the Court, to which the law expressly attributes that effect.
Under art. 2943, final para., cod. civ., service of the act by which a party initiates arbitral proceedings interrupts the limitation period; that interruption is also permanent, pursuant to art. 2945, final para., cod. civ., with the consequence that the limitation period does not run from the service of the act containing the request for arbitration until the award defining the proceedings can no longer be challenged or the judgment on the challenge to the award under art. 829 cod. proc. civ. becomes res judicata.
Claims carried by an award (arbitrato rituale) rendered enforceable, as well as by a final judicial decision rendered in proceedings for challenge of the award, are subject to the ten-year limitation period under art. 2953 cod. civ.