Poteri cautelari degli arbitri e sequestro conservativo di nave

The new text of the art. 818 c.p.c., introduced by the «Cartabia» reform, allows the parties to give arbitrators the power to grant precautionary measures. The legislative innovation gives rise to doubts and determines coordination problems both with respect to the precautionary power generally attributed to the competence of the ordinary judge and in relation to the overall regulatory framework in which it fits. Particular and complex questions arise in the case in which the precautionary measure concerns the ship, making it necessary, in this case, a coordination activity between multiple regulations and, at the same time, a verification of the actual compatibility between the new regulatory provisions introduced in the civil procedure code and the special law provisions contained in the navigation code.