The conferral upon the arbitrators of the power to grant interim measures, pursuant to Article 818 of the Code of Civil Procedure as amended by Article 3(52)(b) of Legislative Decree No. 149/2022, requires that such conferral be expressly stated in the arbitration agreement or in a separate written instrument predating the commencement of the arbitral proceedings, a mere reference to arbitration rules not being sufficient in the absence of a specific provision conferring the power to grant interim relief.
Prior to the acceptance of the sole arbitrator or the constitution of the arbitral tribunal, an application for interim relief must be made to the competent court pursuant to Article 669-quinquies of the Code of Civil Procedure, by virtue of the combined provisions of Articles 818(2) and 669-quinquies of the Code of Civil Procedure.