Where an arbitration clause refers disputes to international arbitration, the interim measures jurisdiction of the State court remains where the arbitration agreement does not expressly confer upon the arbitrators the power to grant interim measures, given that, pursuant to Article 818 of the Code of Civil Procedure, the conferral of interim measures powers upon arbitrators operates according to an opt-in mechanism, requiring an express agreement of the parties in the arbitration agreement or in a written instrument prior to the commencement of the arbitral proceedings.
An arbitration clause providing for the referral of disputes to international arbitration, without containing an express conferral upon the arbitrators of the power to grant interim measures, does not preclude the jurisdiction of the Italian court in matters of interim measures, which retains jurisdiction pursuant to Article 669-quinquies of the Code of Civil Procedure, both where it has jurisdiction on the merits and where the measure is to be enforced in Italy, in accordance with Article 10 of Law No. 218/1995.