On the appeal to procedural orders

A recent decision of the Italian Supreme Court (No. 32996 of 9 November 2022, Italian text available here) provides an opportunity for dealing with the possibility to appeal to a procedural order that only resolved preliminary issues.

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Setting aside of a partial award

If the Arbitral Tribunal issued a partial award on jurisdiction, should the parties immediately request its setting aside or may they await the issuance of the final award? A recent decision of the Italian Supreme Court sitting en banc (decision no. 23463 of 18 November 2016, Italian text available here) maintains that the request for setting aside of such a partial award shall be filed together with the request for setting aside of the final award.

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