Where an arbitration clause refers to administered arbitration rules containing provisions on emergency arbitration, exclusive interim jurisdiction is conferred upon the arbitrators only where the parties have expressly manifested such intention in the arbitration agreement or in a written instrument prior to the commencement of the arbitral proceedings, pursuant to Article 818 of the Code of Civil Procedure; a mere reference to the rules, even where they provide for the institution of an emergency arbitrator, does not constitute the exclusive attribution required by the provision, the clause being required to be construed restrictively in case of doubt, with the consequence that interim jurisdiction remains with the ordinary court pursuant to Article 669-quinquies and Article 818(2) of the Code of Civil Procedure until the constitution of the arbitral tribunal.
