An application for interim relief, aimed at suspending the enforcement of a company resolution challenged for nullity, is properly brought before the ordinary court even where the merits of the dispute have been referred to a sole arbitrator under a statutory arbitration clause, since the arbitral proceedings, commenced pursuant to Articles 810 and 838-bis of the Code of Civil Procedure, constitute the pending substantive proceedings to which the application for interim relief is ancillary.
The pendency of the substantive proceedings before an arbitral tribunal does not deprive the ordinary court of jurisdiction over the application for interim relief, and costs in those proceedings follow the rule of costs following the event.