An application for pre-trial taking of evidence under Article 696 of the Code of Civil Procedure is inadmissible where arbitral proceedings are pending between the parties by virtue of an arbitration clause and the parties have not conferred upon the arbitrators the power to grant interim measures pursuant to Article 818 of the Code of Civil Procedure, given that the subsequent proceedings on the merits could not be commenced before the ordinary courts by reason of the arbitration clause and the pendency of the arbitral proceedings, thereby precluding the instrumental purpose of the pre-trial taking of evidence in relation to potential plenary proceedings.