The right of arbitrators to compensation subsists even in cases where the arbitral award is declared null and void, and may only be excluded in circumstances where the award is radically non-existent. A declaration of nullity of the arbitral award does not automatically result in the loss of the right to compensation for arbitral activity performed.
In cassation proceedings, it constitutes an institutional duty of the Court, in fulfilling the nomofilactic function (ensuring uniform interpretation of law) pursuant to Article 65 of the judicial order, to have knowledge of its own precedents, even when these have not been expressly produced or cited by the parties to the proceedings.
The assessment of arbitrators' compensation must be carried out according to the tariff parameters applicable to professional services rendered in extra-judicial matters, in compliance with the minimum and maximum limits provided for by current legislation.