Arbitration case law

ordinanza

Court of Ragusa, order of 23 January 2026

Tribunale of Ragusa

Legal principle

Proceedings for the taking of evidence before trial (istruzione preventiva) under Article 696 of the Code of Civil Procedure may be commenced even where an arbitration clause, submission agreement or pending arbitral proceedings exist, provided that the necessary relationship of instrumentality between the interim proceedings and future proceedings on the merits is maintained, which in such a case will take place before the arbitrators rather than before the ordinary courts.

Methodological notes

standard

How to cite

Tribunale of Ragusa, 23 January 2026, «Court of Ragusa, order of 23 January 2026», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-ragusa-order-of-23-january-2026-1774360251-9934/

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