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Court of Monza, judgment of 30 April 2026, No. 937

The self-assessment of the arbitrator’s fee under art. 814(2) of the Code of Civil Procedure has the value of a mere contractual proposal and is not binding on the parties who have not accepted it; in the absence of acceptance, the amount of the fee is determined by order of the president of the court indicated in art. 810(2), upon application by the arbitrators and after hearing the parties.
The arbitral award does not constitute an enforceable title for the recovery of arbitrators’ fees that have been self-assessed and contested by the party under art. 814(2) of the Code of Civil Procedure, without prejudice to its enforceability with regard to the other rulings contained therein.
Enforcement proceedings and proceedings for the challenge of an arbitral award are distinct and autonomous from each other, with the consequence that the award does not lose its value as an enforceable title while the challenge proceedings remain pending.

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