Court of Rome, order 17 October 2025
Legal Principle
For the purposes of determining the compensation due to arbitrators under Article 814 of the Code of Civil Procedure, the value of the arbitral dispute is determined a priori on the basis of the petitum formulated by the parties, without regard to the outcome of the arbitral award, even in cases where the claim is declared inadmissible or procedurally barred.
For the determination of arbitrators' compensation, Article 10, paragraph 1 of Ministerial Decree No. 55/2014 must be applied and, for matters not established in the relevant schedule, the additional provisions of Articles 4 to 11 of the same decree concerning judicial activity, without reference to the parameters provided for extrajudicial activity.
Expenses incurred for the secretary of the arbitral tribunal, constituting disbursements for the functioning of the tribunal itself, may only be awarded in favour of the arbitrators and not directly to the secretary.
Methodological Notes
standard