Court of Appeal of Rome, 7 November 2025, N. 6554

The arbitration proceedings contractually provided for the final determination of the purchase price of company shares, in the event of disputes concerning the quantification made by the appointed auditor, constitute a necessary stage of the mechanism for determining the consideration established by the parties, with the consequence that the determinations contained in the arbitral award supplement and complete the contractual provisions for the purpose of ascertaining the amount actually due.
Opposition to a payment order introduces ordinary proceedings on the merits in which the judge is vested with the power and duty to rule on the credit claim and on the defences raised against it, being able to assess the claim for ascertainment of the credit even in an amount lower than that requested in the application for the payment order, regardless of whether the credit was previously ascertained in arbitration proceedings in the amount indicated by the applicant creditor.