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Court of Trieste, order 6 November 2025

The commencement of arbitral proceedings subsequent to the filing of an application for interim relief ante causam does not confer retrospectively the requirement of instrumentality to the proceedings on the merits, where the application for interim relief was from the outset configured as an autonomous initiative and not functional to the challenge of a specific act, there being lacking in such case the conditions for interim relief pursuant to Article 669-bis of the Code of Civil Procedure and, in the case of a dispute referred to arbitrators, Article 669-quinquies of the Code of Civil Procedure.

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