The attribution to arbitrators of the power to grant interim measures requires an express manifestation of the parties' will which must appear in the arbitration agreement or in a written instrument prior to the commencement of the arbitral proceedings, constituting an additional and distinct agreement from that of referring to the arbitrators the resolution of the substantive dispute.
Prior to the acceptance by the sole arbitrator or the constitution of the arbitral tribunal, the application for interim measures shall be made to the court having jurisdiction to hear the merits of the dispute pursuant to Article 669-quinquies of the Code of Civil Procedure, even where the arbitration agreement confers interim powers upon the arbitrators.