In cases of disputes concerning the fees of arbitrators who have proceeded to self-assessment, there is no requirement for necessary joinder between the different members of the arbitral tribunal, since each arbitrator holds an autonomous right of credit arising from the individual contract for professional services entered into with the parties, independently of the unified assessment made by the tribunal.
The assessment of costs and fees carried out directly by the arbitrators pursuant to Article 814, paragraph 2 of the Code of Civil Procedure has the value of a mere contractual proposal which becomes binding only if accepted by all parties to the arbitral proceedings.
The failure to challenge the part of the arbitral award containing the assessment of the arbitrators' fees does not result in the formation of res judicata when such assessment has not been accepted by all parties, since the non-accepting party has no legal interest in challenging a non-binding determination.
Acceptance of the assessment of arbitral fees made pursuant to Article 814, paragraph 2 of the Code of Civil Procedure cannot be inferred from the mere silence of the party regarding the quantification proposed by the arbitrators, nor from conduct relating to requests for advance payment of costs pursuant to Article 816-septies of the Code of Civil Procedure, these being legally distinct institutions.
The replacement of an arbitrator during the proceedings does not result in succession in the obligation to pay fees, but constitutes the creation of a new contractual relationship with the substitute arbitrator, whose fees may be determined in a proportionally reduced amount relative to the activity actually performed.
The fees of the secretary of the arbitral tribunal, although arising from a contractual relationship established with the arbitrators, fall upon the parties to the proceedings, who may contest the self-assessment inclusive of such fees when they have not accepted it pursuant to Article 814, paragraph 2 of the Code of Civil Procedure.