Arbitration case law

ordinanza

Court of Bologna, order of 7 July 2026 (R.G. 00005893/2026)

Tribunale of Bologna

Legal principle

Under art. 818 cod. proc. civ., in the version applicable ratione temporis, even where there is a broad arbitration clause, interim relief falls within the jurisdiction of the ordinary court where the arbitral tribunal has not been constituted and the arbitration agreement does not expressly confer interim powers on the arbitrators, the preliminary issue of arbitration being reserved to the decision on the merits.

Methodological notes

standard

Decision text and analysis

Under art. 818 cod. proc. civ., in the version applicable ratione temporis, even where there is a broad arbitration clause, interim relief falls within the jurisdiction of the ordinary court where the arbitral tribunal has not been constituted and the arbitration agreement does not expressly confer interim powers on the arbitrators, the preliminary issue of arbitration being reserved to the decision on the merits.

How to cite

Tribunale of Bologna, 7 July 2026, «Court of Bologna, order of 7 July 2026 (R.G. 00005893/2026)», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-bologna-order-of-7-july-2026-r-g-00005893-2026/

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