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Court of Appeal of Rome, 11 November 2025, No. 6623

The procedure for determining expropriation compensation provided for by Article 21 of Presidential Decree No. 327/2001, despite providing for the appointment of a panel of three technical experts with valuation functions, does not constitute arbitration in the proper sense, but rather an administrative procedure of an expert valuation nature, with the consequence that the liquidation of fees due to the members of the panel must be carried out on the basis of professional tariffs and not according to the criteria applicable to arbitration proceedings or court-appointed technical expert opinions.
There is no relationship of prejudiciality between proceedings contesting the assessment of expropriation compensation and proceedings brought by a member of the expert panel for payment of professional fees, given that the right to fees arises from having actually performed the assignment, regardless of any declaration of nullity of the compensation assessment for defective composition of the panel or subsequent judicial redetermination of the compensation itself.

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