Court of Parma, order of 23 June 2026 (R.G. 00001245/2026)

Where an arbitration clause exists, the jurisdiction of the ordinary court to grant interim relief subsists in all cases until the arbitral tribunal has been constituted, pursuant to the combined provisions of arts. 669-quinquies and 818 co. 2 cod. proc. civ.; such jurisdiction likewise subsists where the arbitration clause does not expressly confer power to grant interim measures on the arbitrators, in which case the jurisdiction of the ordinary court is exclusive and does not cease even upon subsequent constitution of the tribunal.
An application for urgent interim relief under art. 700 cod. proc. civ. is inadmissible for lack of the residual character required by that provision where the legal system affords a specific interim remedy adequate to protect the applicant's position; in matters concerning the exclusion of a partner from a general partnership (società in nome collettivo), the specific remedy is the opposition under art. 2287 co. 2 cod. civ., which confers on the court the power to suspend the effectiveness of the resolution by way of a preservative, not anticipatory, order.