A contractual clause referring the resolution of disputes to private arbitration is binding between the parties and, while it does not preclude recourse to the preventive taking of technical evidence under art. 696 cod. proc. civ., it renders inadmissible an application for a preventive expert report under art. 696-bis cod. proc. civ.
The procedure under art. 696-bis cod. proc. civ., having a conciliatory purpose and not presupposing any urgency in securing evidence, entails the expansion of the parties’ power to refer the question to the arbitrators, as an expression of contractual autonomy.