Court of Appeal of Milan, 23 July 2025, No. 2297
Legal Principle
In arbitration proceedings, joint and several liability established in the award for payment of the court-appointed technical expert's fees enables the professional to proceed by way of decreto ingiuntivo (summary payment order) against each of the joint debtors for the entire outstanding amount, regardless of payments already received from other debtors, without prejudice to the internal relationships between the obligated parties according to their respective shares of liability.
In arbitration proceedings, the court-appointed technical expert's fees do not fall within the concept of costs pursuant to Article 814 of the Code of Civil Procedure, since the parties are obligated to pay to the arbitrators the sums necessary for the performance of their mandate by virtue of the contractual relationship under Article 1719 of the Civil Code, without the need for specific acceptance of the assessment made by the arbitral tribunal.
Opposition proceedings to a decreto ingiuntivo based on an arbitral award must be conducted within the limits of Article 825 of the Code of Civil Procedure, examining exclusively the existence of the award, its formal regularity and the suitability of its content to support the claim for condemnation, whilst review of the merits of questions that could have been raised in the arbitration proceedings remains precluded and such questions may only be challenged by the specific means of appeal provided for in Article 827 of the Code of Civil Procedure.
Methodological Notes
standard