ordinanza
Court of Roma, order of 17 July 2026 (R.G. 00029872/2026)
Tribunale of Roma
Legal principle
Following the amendment of art. 818 cod. proc. civ., the parties may confer on the arbitrators the power to decide applications for interim measures, but an express manifestation of intention to that effect is required.
Absent such express conferral, jurisdiction to decide applications for interim measures remains with the ordinary courts under art. 669-quinquies cod. proc. civ., so that a plea of lack of potestas iudicandi founded on the mere existence of an arbitration clause in the articles of association must be rejected.
Methodological notes
standard
Decision text and analysis
Following the amendment of art. 818 cod. proc. civ., the parties may confer on the arbitrators the power to decide applications for interim measures, but an express manifestation of intention to that effect is required.
Absent such express conferral, jurisdiction to decide applications for interim measures remains with the ordinary courts under art. 669-quinquies cod. proc. civ., so that a plea of lack of potestas iudicandi founded on the mere existence of an arbitration clause in the articles of association must be rejected.
How to cite
Tribunale of Roma, 17 July 2026, «Court of Roma, order of 17 July 2026 (R.G. 00029872/2026)», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-roma-order-of-17-july-2026-r-g-00029872-2026/