Legal principle
For the purposes of the application of Article 1284(5) of the Civil Code, which extends the interest rate provided for by the legislation on late payments in commercial transactions to the instrument commencing arbitral proceedings, it is necessary that a claim for an order for payment, and not merely a claim for a declaration of the existence of the debt, has been made in the arbitral proceedings. In the absence of a claim for an order for payment in the arbitral proceedings, the enhanced interest rate accrues from the date of the subsequent court claim for payment.
Methodological notes
standard
Decision text and analysis
For the purposes of the application of Article 1284(5) of the Civil Code, which extends the interest rate provided for by the legislation on late payments in commercial transactions to the instrument commencing arbitral proceedings, it is necessary that a claim for an order for payment, and not merely a claim for a declaration of the existence of the debt, has been made in the arbitral proceedings. In the absence of a claim for an order for payment in the arbitral proceedings, the enhanced interest rate accrues from the date of the subsequent court claim for payment.
How to cite
Tribunale of Prato, 13 January 2026, «Court of Prato, Decree of 13 January 2026», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-prato-decree-of-13-january-2026-1774350895-7420/