In the presence of an arbitration clause, an application for interim measures is made to the court which would have had jurisdiction to hear the merits, pursuant to Article 669-quinquies of the Code of Civil Procedure, unless the parties have attributed to the arbitrators the power to grant interim measures by the arbitration agreement or by written act prior to the commencement of the arbitral proceedings.
If the arbitration clause does not expressly contemplate the conferment of interim powers upon the arbitrators and the application for interim measures is made before the commencement of the proceedings on the merits, the ordinary rules on jurisdiction pursuant to Article 669-quinquies of the Code of Civil Procedure must apply.
The existence of an arbitration clause which contemplates nothing regarding interim measures ante causam does not alter the ordinary rules of territorial jurisdiction for interim proceedings.
Before the acceptance of the sole arbitrator or the constitution of the arbitral tribunal, an application for interim measures is made to the competent court pursuant to Article 669-quinquies of the Code of Civil Procedure, in accordance with Article 818, paragraph 1, of the Code of Civil Procedure.