Legal principle
Interim relief proceedings under Article 700 of the Code of Civil Procedure cannot be used to obtain a decision which, by anticipating the determination entrusted to the arbitrators pursuant to an arbitration clause, would have the effect of frustrating the parties' contractual choice to refer to an arbitral tribunal the assessment of the scope of application and validity of contractual clauses, given that urgent relief is structurally incompatible with a mere declaratory function and cannot override the jurisdiction reserved to the private adjudicator conventionally designated by the parties.
Methodological notes
standard
Decision text and analysis
Interim relief proceedings under Article 700 of the Code of Civil Procedure cannot be used to obtain a decision which, by anticipating the determination entrusted to the arbitrators pursuant to an arbitration clause, would have the effect of frustrating the parties’ contractual choice to refer to an arbitral tribunal the assessment of the scope of application and validity of contractual clauses, given that urgent relief is structurally incompatible with a mere declaratory function and cannot override the jurisdiction reserved to the private adjudicator conventionally designated by the parties.
How to cite
Tribunale of Parma, 18 November 2025, «Court of Parma, order of 18 November 2025», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-parma-order-of-18-november-2025-1769356832-3058/