An arbitration clause that generically refers to arbitration «all disputes relating to or arising from the contract» does not confer upon the arbitral tribunal exclusive jurisdiction over interim measures under art. 818 of the Code of Civil Procedure, where there is no unequivocal and explicit contractual provision — or a written agreement concluded prior to the commencement of the arbitral proceedings — by which the parties have specifically and exclusively conferred such power on the arbitral tribunal or emergency arbitrator.
Pursuant to art. 818, paragraph 2, of the Code of Civil Procedure, jurisdiction to grant interim relief vests in the ordinary courts where, at the time the application for interim measures is filed, the sole arbitrator has not yet accepted the appointment or the arbitral tribunal has not yet been constituted.