Legal principle
The provision of an arbitration clause in the articles of association does not in itself permit recourse to interim relief ante causam pursuant to Article 700 of the Code of Civil Procedure for the suspension of shareholders' resolutions, where the procedure for appointing the members of the arbitral tribunal has not even been initiated, given that the proceedings on the merits cannot be considered pending either before the ordinary court or before the arbitral tribunal, with the consequent inadmissibility of the application for interim relief pursuant to Article 2378(3) of the Civil Code, which requires that the application for interim relief be brought concurrently with or subsequent to the bringing of the claim on the merits.
Methodological notes
standard
Decision text and analysis
The provision of an arbitration clause in the articles of association does not in itself permit recourse to interim relief ante causam pursuant to Article 700 of the Code of Civil Procedure for the suspension of shareholders’ resolutions, where the procedure for appointing the members of the arbitral tribunal has not even been initiated, given that the proceedings on the merits cannot be considered pending either before the ordinary court or before the arbitral tribunal, with the consequent inadmissibility of the application for interim relief pursuant to Article 2378(3) of the Civil Code, which requires that the application for interim relief be brought concurrently with or subsequent to the bringing of the claim on the merits.
How to cite
Tribunale of Roma, 21 November 2025, «Court of Rome, order of 21 November 2025», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-rome-order-of-21-november-2025-1769356832-1191/