Following the reform introduced by Legislative Decree No. 149/2022 (Cartabia Reform), Article 818 of the Code of Civil Procedure now allows parties to confer upon arbitrators the power to grant interim measures through the arbitration agreement or a written act prior to the institution of arbitral proceedings. When such power is conferred, the arbitrators’ jurisdiction over interim measures is exclusive.
Before the acceptance of the sole arbitrator or the constitution of the arbitral tribunal, applications for interim measures are to be made to the court having jurisdiction under Article 669 quinquies of the Code of Civil Procedure.
In the absence of a clear and unequivocal expression of the will to renounce ordinary jurisdiction over interim measures, interim jurisdiction remains with the ordinary court.