The obligation to pay the fees of the arbitrators pursuant to art. 814 cod. proc. civ. is joint and several as between all the parties to the arbitral proceedings, irrespective of the outcome of the dispute.
The right of the arbitrators to their fees subsists even where the arbitral award is subsequently declared null, since the right to remuneration derives from the performance of the mandate conferred and not from the validity of the award.
The self-assessment of fees by the arbitrators in the award does not preclude a separate action for payment of the said fees, without prejudice to the right of the parties to challenge their quantum.
An arbitrator who has advanced the entire fees of the arbitral tribunal is entitled to a right of recourse against the parties for their respective shares.
The requirement that the arbitration agreement be in writing ad substantiam is satisfied by the arbitration clause contained in a contract entered into in writing between the parties.