Challenging partial awards in Italy: when is it possible?

Since early 1994, when the possibility of challenging partial awards was introduced in the Italian arbitration law, there has always been debate as to when and under what conditions a challenge is possible. The discussion arises from the fact that partial awards can be immediately challenged in Italy only if they rule on questions relating to the merits of the case. By contrast, partial awards that rule on preliminary questions may only be challenged together with the final award. The matter was addressed in a recent decision of the Italian Supreme Court (Suprema Corte di Cassazione) dated 26 March 2012 (Decision no. 4790).