Court of Prato, order of 25 July 2026 (R.G. 00001339/2026)

Art. 669 quinquies cod. proc. civ. governs jurisdiction over interim relief in the case of an arbitration clause, of an arbitration agreement or of pending arbitral proceedings, providing that in such cases the application for interim relief is to be made to the court which would have had jurisdiction over the merits, save as provided by art. 818, co. 1, cod. proc. civ.
The decision upon applications for interim relief may be referred to the arbitrators only if that power has been conferred upon them by the parties in the arbitration agreement or by a written instrument predating the commencement of the arbitral proceedings.
An arbitration clause in the articles of association which refers to an arbitral tribunal every dispute arising between the company and the members concerning the interpretation and application of the articles of association, without containing any stipulation as to the referral to the arbitrators of applications for interim relief, leaves intact the jurisdiction of the ordinary court as regards interim relief, even though the dispute falls within the material scope of the clause.