The cessation of the matter in dispute (*cessazione della materia del contendere*) in proceedings for the determination of arbitrators' fees presupposes that all parties mutually acknowledge the supervening change in the substantive situation and submit concordant conclusions to the judge. In the absence of adherence by one of the parties to the settlement invoked by the others, the judge cannot declare the cessation of the matter in dispute but must proceed to evaluate the effects that the partial settlement produces on the proceedings and adopt the consequent rulings.
In proceedings for the determination of arbitrators' fees, the application of Article 1304 of the Civil Code in favour of the joint debtor not participating in the settlement is limited to settlements concerning the entire debt, whereas a partial settlement, being aimed at dissolving the joint and several liability (*solidarietà passiva*), concerns only the debtor who adheres to it and cannot involve the other joint debtors.
In proceedings for the determination of arbitrators' fees, the intention of the public administration to adhere to a settlement cannot be inferred from conclusive acts or facts but must be manifested in written form, since settlements concluded by public entities must assume written form on pain of nullity.