Court of Milan, order 7 November 2025

The request for arbitration, pursuant to Article 816-bis of the Code of Civil Procedure, produces the substantive effects of a judicial claim and constitutes a valid act of commencing proceedings on the merits for the purposes of complying with the peremptory time limit provided for by Article 669-octies, paragraph 3, of the Code of Civil Procedure to prevent the interim measure from becoming ineffective.
The peremptory time limit for commencing arbitral proceedings on the merits, provided for by Article 669-octies, paragraph 3, of the Code of Civil Procedure, runs from the service of the interim order and not from its pronouncement.