An arbitration clause contained in the constitutional deed of a partnership, which refers disputes relating to the company to an arbitral tribunal, does not confer upon the arbitrators jurisdiction to issue interim measures where such power has not been expressly granted by written instrument subsequent to the reform introduced by Article 818 of the Code of Civil Procedure, with the consequence that jurisdiction over interim measures remains vested in the ordinary judicial authority.
A negative finding as to the prerequisites for interim proceedings (fumus boni iuris and periculum in mora) may result exclusively in the dismissal on the merits of the application for interim measures, without affecting the jurisdiction of the court seised, such finding being incapable of effecting a change of jurisdiction in favour of the arbitral tribunal.