Legal Principle

Where an arbitration clause is contained in the statute of an association and the arbitral tribunal has not yet been constituted, the competence to grant an interim measure ante causam remains with the ordinary court as identified pursuant to Article 669quinquies of the Code of Civil Procedure, since Article 818 of the Code of Civil Procedure confers precautionary competence on the arbitral tribunal only following the acceptance of the appointment or the constitution of the arbitrator.

Methodological Notes

standard

How to cite

Tribunale di Padova, 16/05/2026, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-padova-order-of-16-may-2026/

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