Court of Milano, decree of 11 September 2026 (R.G. 00012339/2025)

Proceedings for the appointment of a special representative (curatore speciale) belong to non-contentious jurisdiction and underlie public interests, as shown by the standing conferred upon the public prosecutor and by the requirement that the order of appointment be notified to him; those features render the appointment procedure irreconcilable with the conferral of the relevant power upon the arbitral tribunal seised of the determination of a dispute arisen between the parties.
The reference to "disputes" contained in art. 806 cod. proc. civ. implies that only the contentious matters contemplated in the arbitration clause may be referred to arbitration, to the exclusion of matters of non-contentious jurisdiction, in which public interests are involved.
The conferral of the power to appoint a special representative upon the court before which the case is pending presupposes that the case is pending before a judicial authority, so that, in the case of arbitral proceedings, the competence of the president of the judicial office remains unaffected.