The ex officio finding of nullity of a shareholders’ resolution by the arbitrator, made without prior notice to the parties and without allowing adversarial proceedings on the issue, results in nullity of the award for violation of the principle of adversarial proceedings pursuant to art. 829 para. 1 no. 9 of the Code of Civil Procedure.
The violation of the principle of non-contestation under art. 115 of the Code of Civil Procedure in arbitral proceedings occurs when the arbitrator, despite noting that a party has not specifically contested the facts alleged by the counterparty, attributes probative value to a procedural act intrinsically lacking probative efficacy, without allowing the parties prior discussion on such assessment, resulting in nullity of the award for violation of adversarial proceedings and rules of law pursuant to arts. 829 para. 1 no. 9 and 838-quater of the Code of Civil Procedure.