An arbitration clause providing for contractual arbitration (arbitrato irrituale) does not preclude the right to seek interim relief before the ordinary court, the arbitral tribunal yet to be constituted having no power to grant interim relief either by law, or under the entity’s articles of association, or by agreement between the parties.
The absence of pending arbitral proceedings on the merits is not a ground of inadmissibility of an application for interim relief.
The referral of the merits to contractual arbitration (arbitrato irrituale), with the consequence that the award is not enforceable and that recourse to the courts must subsequently be had, does not of itself amount to periculum in mora, which presupposes the pleading and the demonstration, at least summarily, of the irreparable nature of the concrete prejudice, and cannot be implicitly recognised.