Legal principle
The pendency of arbitration proceedings between some of the parties does not preclude the bringing of an application for pre-action interim relief before the ordinary court against persons who are not party to the arbitration agreement, who could not be joined in the arbitration proceedings, with the consequent inapplicability of the criterion of subjective connection pursuant to Article 33 of the Code of Civil Procedure for the purposes of establishing jurisdiction over interim relief.
Methodological notes
standard
Decision text and analysis
The pendency of arbitration proceedings between some of the parties does not preclude the bringing of an application for pre-action interim relief before the ordinary court against persons who are not party to the arbitration agreement, who could not be joined in the arbitration proceedings, with the consequent inapplicability of the criterion of subjective connection pursuant to Article 33 of the Code of Civil Procedure for the purposes of establishing jurisdiction over interim relief.
How to cite
Tribunale of Milano, 18 November 2025, «Court of Milan, order of 18 November 2025», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-milan-order-of-18-november-2025-1769356832-8815/