When an appeal against a non-final judgment about lack of jurisdiction of the ordinary court is declared inadmissible - such a decision being challengeable only through necessary regulation under Article 42 of the Code of Civil Procedure - this creates internal res judicata on the ordinary court's jurisdiction. The Court of Appeal cannot later re-examine questions about the arbitral tribunal's jurisdiction, or it will violate the internal res judicata that has formed.
When a judge declines jurisdiction in favour of arbitrators, he gives up his judicial power and cannot review on the merits whether claims of arbitral jurisdiction are well-founded. Any arguments on the merits made after declining jurisdiction constitute judgment beyond the court's remit, without res judicata effect and not supported by prior recognition of jurisdiction.
The res judicata of an arbitral award that recognizes a general right to damages, leaving open every question about whether damage actually exists and its extent, concerns only damage as an event, not consequential damage. The judge cannot re-examine from scratch the question of whether damage as an event exists when arbitral res judicata has formed on this point.