Supreme Court, order of 27 April 2026, N. 11224
Cassazione
- I Civ.
Legal Principle
Where a dispute is referred to an arbitral tribunal, the value thereof, relevant for the purposes of the assessment of the fees payable to the arbitrators pursuant to art. 814 cod. proc. civ., is determined a priori on the basis of the criterion of the disputatum (petitum), the ruling issued by the tribunal, even if only one of inadmissibility or non-proceedability of the claim, being incapable of assuming relevance, given that a hypothetical criterion of ex post determination of the value of the case on the basis of the actual decisum would be inconsistent with the rules laid down by the code of civil procedure in the matter of jurisdiction by value.
Methodological Notes
standard
How to cite
Cassazione, 27/04/2026, n. 11224, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-order-of-27-april-2026-n-11224/