sentenza
Court of Appeal of Florence, 26 January 2026, No. 342
Corte di Appello
Legal principle
The arbitrator's right to receive remuneration for the work carried out arises from the performance of the mandate conferred within the framework of the agency relationship and is independent of the validity and effectiveness of the award, provided that a decision has been rendered meeting the minimum requirements of Article 823 of the Code of Civil Procedure; that principle does not apply in cases where no award has been rendered at all, as occurs in contractual arbitration (arbitrato irrituale), in arbitraggio (third-party determination) or in expert determination (perizia contrattuale).
Methodological notes
standard
Decision text and analysis
The arbitrator’s right to receive remuneration for the work carried out arises from the performance of the mandate conferred within the framework of the agency relationship and is independent of the validity and effectiveness of the award, provided that a decision has been rendered meeting the minimum requirements of Article 823 of the Code of Civil Procedure; that principle does not apply in cases where no award has been rendered at all, as occurs in contractual arbitration (arbitrato irrituale), in arbitraggio (third-party determination) or in expert determination (perizia contrattuale).
How to cite
Corte di Appello, 26 January 2026, No. 342, «Court of Appeal of Florence, 26 January 2026, No. 342», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-florence-26-january-2026-no-342-1774443268-4419/