Disputes concerning rights which cannot be the subject of a compromise may not be referred to arbitrators, proceedings which safeguard the public interest being removed from the parties' power of disposition.
Proceedings of non-contentious jurisdiction, having autonomous requirements of admissibility and merit distinct from the prima facie case and the risk of irreparable harm, are not comparable to interim proceedings for the purposes of determining arbitral jurisdiction.
In matters of interim jurisdiction of arbitrators, pursuant to Article 818 of the Code of Civil Procedure as amended by Legislative Decree No. 149/2022, arbitrators have jurisdiction to grant urgent relief only if this is expressly provided for by the parties in the arbitration agreement.
Pursuant to Article 818 of the Code of Civil Procedure, the jurisdiction of the ordinary court in interim matters is in any event preserved prior to the acceptance by the sole arbitrator or the constitution of the arbitral tribunal, even in the presence of an arbitration clause.