Court of Milan, order of 21 July 2026 (R.G. 00025765/2026)

The subsidiary character of an urgent measure under art. 700 cod. proc. civ. must be assessed by reference to the forms of protection which the ordinary court may grant and not to those obtainable in arbitration.
Where the merits of the dispute are referred to arbitrators, the requirement of urgency for interim relief is to be assessed in relation to the time needed for the arbitral proceedings to be concluded, with the consequence that that requirement must be held absent where the assessments to be made in the interim proceedings are exactly the same as, and based on the same material as, those proper to the arbitration on the merits and the latter is not liable to drag on for years.