Supreme Court, order of 27 April 2026, N. 11254
Legal Principle
In the matter of the assessment of the fees payable to the arbitrators pursuant to art. 814 cod. proc. civ., where a principal claim and a counterclaim have been brought in the arbitral proceedings, they are not aggregated for the purposes of determining the value of the case, but regard is had only to the greater of the values of the two opposing claims. Likewise, the raising of a counterclaim by way of defence directed at the dismissal of the principal claim does not justify the application of a higher fee bracket, the determination of the value of the case being required to be made on the basis of the claim, irrespective of the defences raised in order to secure its dismissal.
Methodological Notes
standard