sentenza
No. 4948
Year: 2025

Court of Milan, 17 June 2025, N. 4948

⚖️ Tribunale di Milano
📅

Legal Principle

Acceptance of the self-assessment of arbitral fees pursuant to Article 814 of the Code of Civil Procedure may be either express or implied, and when the parties render explicit declaration of acceptance of the quantification of the arbitrator's and secretary's fees, such acceptance is valid and effective.
Article 814 of the Code of Civil Procedure does not impose formal requirements concerning the manifestation of will to accept the quantification of arbitral compensation; therefore acceptance may occur orally provided it is documentarily proven.
Article 814 of the Code of Civil Procedure provides for the necessity of acceptance of self-assessment of fees but does not require that such acceptance must be subsequent to the conclusion of the arbitral procedure.
The preventive and provisional character of the quantification of arbitral fees accepted by the parties at hearing does not prevent the perfection of the agreement on the amount of the arbitrator's fees, especially when it concerns a minimum amount subject to possible increases then not applied.
The determination of arbitral fees cannot be modified by the judge in the face of proven agreement between the parties concerning the amount of such fees.

Methodological Notes

standard

How to cite

Tribunale di Milano, 17/06/2025, n. 4948, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-milan-17-june-2025-n-4948-1755251804-3243/