An arbitration clause providing for the referral of disputes to a board of probiviri (industrial arbitrators) with the value of a contractual arbitration award does not automatically entail waiver of ordinary jurisdiction in interim matters, where the expressions used point towards the intention to establish an additional but not alternative and exclusive decision-making forum compared to judicial proceedings.
Under article 818 of the Code of Civil Procedure, as amended by Legislative Decree No. 149 of 10 October 2022, the parties may confer upon arbitrators the power to grant interim measures by means of the arbitration agreement or by written instrument prior to the commencement of arbitral proceedings, but such interim jurisdiction is exclusive only where the parties have manifested their intention concordantly and unambiguously to that effect.
In the absence of express and unambiguous intention of the parties to confer interim jurisdiction upon arbitrators, an application under article 700 of the Code of Civil Procedure may be validly brought before the ordinary judge having jurisdiction over the merits, notwithstanding the presence of an arbitration clause for contractual arbitration.