Court of Appeal of Rome, 28 September 2025, No. 5413

In proceedings for the challenge of an arbitral award, the rules on discontinuance of proceedings provided for first instance proceedings before the court apply, so that the proceedings are discontinued when none of the parties appear either at the first hearing or at the new hearing fixed by the judge of which the registry gives notice to the parties that have entered an appearance.
In appeal proceedings concerning the challenge of an arbitral award, the declaration of discontinuance of proceedings must be pronounced by judgment and not by order, in observance of the principle of necessary collegiality applying before the Court of Appeal, as it concerns a measure that concludes the proceedings by deciding a preliminary question relating to the proceedings.