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proceeding and only to the extent that the arbitral tribunal decides that the amount isreasonable, and fees and expenses of the institution that has appointed the arbitrators,if such fees and expenses apply.The parties can freely choose the rules regarding the costs of the arbitration. In theabsence of an agreement between the parties, the arbitral tribunal will set the costs inthe award in the terms explained below.The fees of the arbitral tribunal will be a reasonable amount, having in mind theamount in dispute, the complexity of the matter, the time dedicated by the arbitrators,and other relevant characteristics of the case. The fees of each arbitrator will be indicatedseparately and the arbitral tribunal itself will set them. When a party so requestsand the judge consents to carry out this function, the arbitral tribunal will set its feesonly after consulting with the judge, which can make to the tribunal the observations heor she considers appropriate in that respect.The costs of the arbitration will be charged to the losing party. However, the arbitraltribunal can prorate the costs between the parties if it decides that prorating is reasonable,having in mind the circumstances of the case.The arbitral tribunal will take into account the circumstances of the case in order todetermine the costs of representation and legal assistance, which can be paid by one ofthe parties or prorated between them. This decision will be stated in the text of the orderof conclusion of the proceeding or in the award.Once the tribunal is formed, it may request from each of the parties the deposit of anamount as an advance on the fees of the arbitral tribunal, travel expenses and otherexpenses of the arbitrators, and the cost of expert advice or of any other assistancerequested by the tribunal. Also, in the course of the proceedings, the tribunal mayrequest additional deposits from the parties.When a party so requests and the judge agrees to carry out this function, the arbitraltribunal will set the amount of the deposits only after consulting with the judge, whocan make any observations he or she considers relevant to the tribunal.If after 30 days from the communication of the request of the arbitral tribunal thedeposits requested have not been fully made, the tribunal will inform the parties of thisfact in order for each of them to make the requested payment. If such payment is notmade, the tribunal can order the suspension or the conclusion of the proceeding.Once the award is issued, the tribunal will deliver to the parties a statement of accountof the deposits received and reimburse to them any balance not used.355Dispute Resolution5.11. Nullity of the AwardA written award is final, unappealable and binding on the parties who must comply withit. If any party does not comply, the courts must be turned to for enforcement. However,