Article 814 co. 1 cod. proc. civ. contains a principle of general application according to which, whatever the nature of the arbitration, whether arbitration or contractual arbitration (arbitrato irrituale), the parties are jointly and severally liable for the payment of the fees of the arbitrators appointed.
In the matter of contractual arbitration (arbitrato irrituale) in conciliation and arbitration proceedings concerning disciplinary sanctions pursuant to art. 7 l. 300/1970, where the parties in the procedure under art. 412-quater cod. proc. civ. have not agreed upon any fee for the arbitrators and the arbitral award does not rule on the costs of proceedings, arbitrators whose claim for payment of accrued fees remains unsatisfied may bring ordinary proceedings before the court, enforcing the joint and several liability of the debtors by virtue of the general rule laid down in art. 814 co. 1 cod. proc. civ., given that between the parties and the arbitrators there subsists a collective mandate for consideration.
The rule laid down in art. 412-quater co. 11 cod. proc. civ., according to which each party shall remunerate the arbitrator appointed by it, operates exclusively within the special procedure governed therein and cannot be elevated to a general principle outside that context; once the utility of that ad hoc procedure has lapsed, the determination of the quantum by the court also entails the affirmation of the joint and several liability of the mandators, each of whom is liable for the whole pursuant to art. 814 co. 1 cod. proc. civ.