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/