Court of Appeal of Rome, 17 October 2025, No. 5934

In case of waiver of the challenge to the arbitral award by the appellant and acceptance of the waiver by the respondent, the conditions are met to declare the extinction of proceedings pursuant to Article 306, paragraph 3, of the Code of Civil Procedure.
In proceedings for challenging an arbitral award before the Court of Appeal, the principle of necessary collegiality applies, whereby the extinction of proceedings must be pronounced by judgment.