ordinanza
Year: 2026

Court of Genoa, order of 8 January 2026

⚖️ Tribunale di Genova
📅

Legal Principle

The conferral upon arbitrators of the power to grant interim measures pursuant to Article 818 of the Code of Civil Procedure cannot be inferred from the mere existence of an arbitration agreement, but requires a specific and unequivocal expression of the parties' intention, to be set forth in the arbitration agreement itself or in a written instrument prior to the commencement of the arbitral proceedings; in the absence thereof, jurisdiction over interim relief remains with the State courts, irrespective of whether the arbitration clause describes the jurisdiction of the arbitral tribunal as "exclusive," given that such a characterisation pertains to the separate question of the concurrence between State jurisdiction and arbitral jurisdiction on the merits of the dispute.

Methodological Notes

standard

How to cite

Tribunale di Genova, 08/01/2026, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-genoa-order-of-8-january-2026-1774352705-1460/