PRACTICE NOTES
Interim Measures in Italian-seated Arbitration after the 2023 CPC Reform: Tribunal Powers, Available Remedies, Timing, Court Support, Appeals and Enforcement
For arbitration proceedings seated in Italy and commenced after 28 February 2023, the reformed CPC (s 818) authorises arbitral tribunals to grant interim measures where the parties have agreed in advance, including by incorporating third‑party rules within their arbitral agreement, before the start of the arbitration proceeding.
The 2023 Reform
The amended CPC, s 818 now provides that arbitrators may issue interim measures only if that power is expressly conferred in either:
the arbitration agreement, also by incorporating third‑entities’ regulations (eg rules of national or international arbitral institutions); or
a written agreement entered into before the commencement of the arbitration proceeding.
As noted, this regime applies to arbitration proceedings begun after 28 February 2023. Arbitral tribunals shall have exclusive jurisdiction in relation to interim measures after the acceptance of the appointment by the tribunal. Before this moment, or if the arbitral tribunal is not expressly granted such power pursuant to CPC, s 818, the parties can apply for interim measures before the competent state court, pursuant to CPC, s 669‑quinquies. CPC, s 818‑bis provides that the parties can appeal the...
Arbitration