Court of Siena, order of 27 February 2026

While arbitral proceedings are pending, the ordinary court has jurisdiction to determine an application for interim relief pursuant to Article 818 of the Code of Civil Procedure, where the arbitration agreement or written instruments predating the commencement of the arbitral proceedings do not confer upon the arbitrators the power to grant interim measures.
Where interim relief is sought from the ordinary court while proceedings on the merits are pending before arbitrators, the determination of costs in the interim proceedings is a matter for the court hearing the interim application and not for the arbitrators, being proceedings falling outside their jurisdiction.