In the presence of an arbitration clause that confers jurisdiction on the merits on arbitrators, the application for interim relief must be brought before the ordinary court that would have had jurisdiction to hear the merits, pursuant to Article 669 quater(1) of the Code of Civil Procedure, irrespective of the merits of the plea of lack of jurisdiction.
Where jurisdiction on the merits is conferred on arbitrators, whether in arbitration or contractual arbitration (arbitrato irrituale), the power to grant interim measures is excluded from their competence and remains reserved to the ordinary court that would have had jurisdiction to hear the merits, save as provided by Article 818(1) of the Code of Civil Procedure.