Art. 818 cod. proc. civ., as amended, allows the parties to confer on the arbitrators the power to grant interim measures by means of the arbitration agreement or of a written instrument predating the commencement of the arbitral proceedings, including by reference to arbitration rules.
The arbitrators’ competence to grant interim measures must be excluded where the arbitration clause was concluded before the entry into force of the reform which introduced that power, and this even where the rules referred to in the clause allow, following an amendment implementing the reform, the granting of interim measures, since regard must be had to the parties’ intention at the time the arbitration agreement was concluded.
Where the clause in the articles of association referring to a board of arbitrators (probiviri) all disputes between the members and between them and the entity predates the reform, competence over interim proceedings lies with the courts.