Court of Venezia, order of 12 September 2026 (R.G. 00008256/2026)

The conferral upon arbitrators of the power to grant interim relief, as permitted by art. 818 cod. proc. civ. as amended, requires an express provision in the arbitration agreement, failing which art. 669-quinquies cod. proc. civ. applies.
While arbitral proceedings are pending, an application for interim relief is to be made to the court which would have been competent as to the merits.
An application for the removal of a director for acts of mismanagement may be brought independently of the liability action, which presupposes not a risk of loss but loss already sustained.