Court of Venezia, order of 8 August 2026 (R.G. 00006046/2026)

The conferral on arbitrators of the power to grant interim measures, permitted by art. 818 cod. proc. civ., requires an express intention of the parties appearing from the arbitration agreement or from a written instrument predating the commencement of the arbitration, constituting a stipulation additional to that referring the merits of the dispute to arbitrators.
In the absence of such an express manifestation of intention, the interim dispute cannot be referred to arbitrators and remains within the jurisdiction of the ordinary court, notwithstanding the existence of an arbitration clause.