Where an arbitration clause exists, an application for interim relief is to be made, pursuant to art. 669-quinquies cod. proc. civ., to the court which would have competence over the merits; that provision also applies where the articles of association refer corporate disputes to a sole arbitrator.
An objection concerning the validity of the appointment of the arbitrator pertains to the arbitral proceedings on the merits and does not affect the ordinary court’s competence in interim matters, any assessment of the validity of the appointment remaining reserved to the appropriate forum.
Questions requiring evidentiary investigation incompatible with the summary cognizance proper to interim proceedings must be examined in the competent arbitral forum on the merits, duly commenced, in which all the claims may be fully adjudicated, including those for the removal of the director and for a finding of his liability.
The time needed to conclude the arbitral proceedings does not, in itself, render the alleged prejudice irreversible for the purposes of the periculum in mora.