Before the constitution of the arbitral tribunal, interim protection is assured by the competent court pursuant to Article 669-quinquies of the Code of Civil Procedure, in accordance with Article 818 of the Code of Civil Procedure.
The arbitral tribunal, once seised of the dispute relating to the validity of company resolutions, is endowed with the power to suspend their effectiveness, as expressly provided by Article 838-ter of the Code of Civil Procedure.
The validity and effectiveness of the interim measure adopted by the ordinary court is not compromised by any eventual translatio iudicii before the arbitrators, in application of Article 818 of the Code of Civil Procedure.
Article 818 of the Code of Civil Procedure, in preserving in favour of the ordinary court the interim power for cases where the application is made prior to the acceptance by the arbitrators, makes no distinction regarding the reason why the arbitral proceedings have not commenced.