Following the reform introduced by legislative decree No. 149/2022, the mere existence of an arbitration clause, however broad, is not in itself sufficient to vest the arbitrators with jurisdiction over interim measures; an express and unequivocal contractual provision conferring upon the arbitrators the power to grant interim relief pursuant to art. 818 of the Code of Civil Procedure is required. In the absence of such provision, jurisdiction over interim measures remains with the ordinary court.
Where no arbitration proceedings have been commenced and no mechanism for the appointment of the arbitrator has been activated, jurisdiction over interim measures lies with the ordinary court pursuant to art. 818, paragraph 2, of the Code of Civil Procedure until the constitution of the arbitral tribunal.