Court of Rome, 9 December 2025, No. 17285

The joint and several liability of the parties towards the arbitrators for the payment of fees, provided for by Article 814, paragraph 1, of the Code of Civil Procedure, does not allow a party who has already obtained a final judicial decision condemning the other jointly and severally liable party for a specific sum to subsequently bring a new claim to obtain the difference between the amount determined in the technical expert assessment and the amount originally requested, as in such case the preclusive effect of res judicata operates pursuant to Article 2909 of the Civil Code, which covers not only what was pleaded but also what could have been pleaded in relation to the same cause of action.