1. The Arbitration Chamber, upon proposal of the arbitration panel, determines with a specific resolution the remuneration of the arbitrators within the limits established by decree of the Ministry of Infrastructure and Transport. However, increases in maximum compensation linked to the particular complexity of the issues dealt with, the specific skills used and the actual work carried out are prohibited. The compensation for the arbitration panel, including any compensation for the secretary, cannot in any case exceed the amount of 100,000 euros, to be reevaluated every three years with the decrees and resolutions referred to in the first period. For public managers, the application of the limits referred to in article 23-ter of the legislative decree of 6 December 2011, n. 201, converted by law 22 December 2011, n. 214. The act of payment of the compensation and arbitration expenses, as well as the compensation and expenses for technical consultancy, constitutes title for the injunction referred to in article 633 of the code of civil procedure. Until the date of entry into force of the decree referred to in the first period, the regulations in force on the date of entry into force of this annex shall apply.
2. The final fee for the resolution of the dispute is paid by the parties, in the amount paid by the Arbitration Chamber, within thirty days of communication of the award.
3. The Arbitration Chamber provides for the payment of the fees and costs of technical consultancy, where required, pursuant to articles 49 to 58 of the consolidated text of the legislative and regulatory provisions relating to judicial costs, referred to in the decree of the President of the Republic 30 May 2002, n. 115, to the extent resulting from the application of the tables provided therein.
4. The amounts of fees due for the resolution of disputes are directly paid to ANAC.
5. Without prejudice to the provisions of article 92, second paragraph, of the code of civil procedure, the arbitration panel, if it partially accepts the request, compensates the costs of the proceedings in proportion to the ratio between the value of the request and that of the acceptance.
6. The parties are jointly liable to pay the compensation due to the arbitrators and the expenses relating to the panel and the arbitral judgement, without prejudice to any compensation between them.
Article 2.
Roster of arbitrators, list of experts and list of secretaries.
1. The Arbitration Chamber also takes care, in a separate section, of maintaining the list of experts for the appointment of technical consultants in arbitration proceedings. Those in possession of a degree and proven professional experience of at least five years are registered on the list, with relative registration in the professional register, if requested.
2. The subjects referred to in paragraph 7 of article 214 of the code, as well as in paragraph 1 of this article, are respectively included in the register of arbitrators and in the list of experts, upon application accompanied by a CV and adequate documentation proving the requirements.
3. Registration in the register of arbitrators and in the list of experts is valid for five years and can be obtained again one year after the expiry of the five-year period. Without prejudice to the provisions of article 53 of the legislative decree of 30 March 2001, n. 165, as amended by article 1, paragraph 42, letter l), of law 6 November 2012, n.190, during the period of membership, and in the following three years, the subjects registered in the register cannot carry out professional tasks in favor of the parties of the arbitration decisions decided by them, including the role of party arbitrator.
4. The cases of recusal referred to in article 815 of the civil procedure code are reserved.
5. For the cases referred to in Article 214, paragraph 9, of the Code, the Arbitration Chamber also takes care of maintaining the list of secretaries of the arbitration panels. Officials with a degree in legal or economic subjects or equivalent and, where necessary, in technical subjects, included in the roles of the public administrations referred to in Legislative Decree 30 March 2001, no., may be included in the list. 165, with a length of service of no less than five years. Any costs relating to the maintenance of the list are borne by the parties interested in registering, providing for this purpose suitable rates to ensure full coverage of the aforementioned costs.
