In public contracts, the call for tenders constitutes the hierarchically superior source in the regulation of the tender procedure. An arbitration clause contained in the agreement or in documents annexed to the call for tenders is invalid where the call for tenders itself expressly excludes arbitral jurisdiction, the prohibition contained in the lex specialis prevailing.
A non-final award that merely dismisses the objection of lack of jurisdiction of the arbitrators without partially deciding the merits of the dispute is not immediately challengeable under art. 827, para. 3, of the Code of Civil Procedure and may be challenged only together with the final award.
A declaration of nullity of the awards on the ground of invalidity of the arbitration agreement under art. 829, para. 1, No. 1), of the Code of Civil Procedure does not fall within the grounds upon which the court of appeal decides the dispute on the merits under art. 830, para. 2, of the Code of Civil Procedure.