A challenge to an arbitral award for nullity is a proceeding with strict limits. It can only be brought for specific procedural errors that the law lists, or where arbitrators have failed to follow legal rules within the limits set by Article 829, paragraph 3 of the Code of Civil Procedure. The grounds must be stated specifically. This is because such a challenge seeks to set aside the award entirely, and only clear grounds allow the judge and the other party to check whether the complaints fall within the permitted categories.
When the Supreme Court reviews a judgment about a challenge to an arbitral award, it must verify whether that judgment is properly reasoned in relation to the grounds for challenging the award. The Supreme Court's review is limited to checking whether the judgment follows the law and is adequately reasoned.
Reasoning "by reference" is merely apparent when it simply refers back to the challenged decision - the arbitral award - without actually considering whether the grounds for challenge have merit. This fault also exists when the reference to reasoning elsewhere in the judgment is purely nominal, where the specific part of the award under challenge has not been examined and the criticism has not been addressed.